On Appeal, Taxed Deposition Costs Were Additionally Awarded On Defense Cross-Appeal.
In Nguyen v. House of Imports, Inc., Case Nos. G056789/G057216 (4th Dist., Div. 3 June 25, 2020) (unpublished), plaintiff lost a consumer remedies/lemon law case after rejecting two CCP § 998 offers. In the end, he was saddled with some routine costs. Plaintiff appealed those cost losses, but he did not win anything. The defense cross-appealed a refusal to award $7,742 in deposition costs, which actually resulted in a modification to allow these costs.
Plaintiff challenged some defense witness service of process fees, but that challenge was rejected. After all, “a trial is a fluid process, particularly for defendants, who present their case last. Therefore, there may be occasions where it is necessary to subpoena witnesses who ultimately do not testify.” Next, plaintiff contested $31,068.55 in expert witness fees as far as amount, but the expert’s trial witness preparation costs were not excessive given the expert was a key witness whose testimony was necessary to obtain a defense verdict. Finally, the defense’s claim for $7,742 deposition costs was righteous, given that 11 of 13 depositions were taken by plaintiff and plaintiff failed to shift the burden from the verified costs memorandum as far as showing the costs were not reasonable or necessary in nature. Costs award affirmed, plus another $7,742 to the defense.
Acting Presiding Justice Moore authored the 3-0 panel decision.
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