Costs: Costs Of Service Of Process Via Publication Allowable Cost Recovery Item In Validation Action

 

Opposing Party Did Not Show Cost Item Was Unreasonable or Unnecessary.

     Litigant losing an action against a school district had its motion to tax costs denied when it challenged the award of costs for service of process via publication.

     Its challenge on appeal in Los Alamitos Unified School Dist. V. Howard Contracting, Inc., Case No. G049194 (4^th Dist., Div. 3 Sept. 10, 2014) (unpublished) was unsuccessful. This cost item is authorized by statute, including in a validation action (Code Civ. Proc., §§ 868, 1033.5(a)(4)(C)), with appealing party not meeting its burden of show the costs item was unreasonable or unnecessary in nature.

     Cost award affirmed, in a 3-0 decision authored by Justice Fybel.