Multiple Challenges Rejected By Appellate Court.
In Arambula v. Irvine Unified School Dist., Case No. G057396 (4th Dist., Div. 3 Mar. 16, 2020) (unpublished), a trial court loser recovering nothing decided they should challenge very routine costs which were awarded by the trial court. Bad move.
Appellant challenged deposition costs for the defense to take plaintiff’s deposition. The challenge to this was far from persuasive—“[a]ppellant has not cited any case where allowing the costs of taking the deposition of the opposing party was found to be an abuse of discretion.”
Next up was a challenge to a $37.64 witness fee, but the problem was that the costs memorandum and subsequent papers supported it as prima facie proper.
Then, a challenge to an official court reporter fee for trial court proceedings. Although appellant did get a prior fee waiver, this simply meant he did not have to pay upfront, but this did not excuse him from having to pay the opposite side’s reporter costs after that party prevailed at the trial court level.
We then go to the awarded costs of $53.20 in discretionary trial exhibit costs. Even though some of these exhibits were not used because the court granted a judgment on the pleadings, the defense could not foresee this result such that the expenses were necessary trial preparation expenses.
Finally, the “pocketbook” defense—I do not have an ability to pay. This did not resonate given that appellant litigated quite actively for over two years and then appealed. No abuse of discretion under the facts, with the lower court’s costs award affirmed in toto. Acting Presiding Justice Moore authored the 3-0 opinion.
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