Hays v. Sanderson
Filed 3/27/06 Hays v. Sanderson CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
JANET HAYS, Plaintiff and Appellant, v. GREGORY H. SANDERSON et al., Defendants and Respondents. | B182435 (Los Angeles County Super. Ct. No. KC041328) |
APPEAL from an order of the Superior Court of Los Angeles County, Bruce Minto, Judge. Order affirmed.
Law Offices of Charles R. Weldon and Charles R. Weldon for Plaintiff and Appellant.
Barry Bartholomew & Associates and Kathryn Albarian for Defendants and Respondents.
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Janet Hays appeals from a post-judgment order denying in part her motion to tax costs. On the record provided, we find no abuse of discretion and affirm the order.
FACTUAL AND PROCEDURAL SUMMARY
In June 2002, Hays was involved in an automobile accident with Gregory Sanderson. There was $494.00 damage to the trailer hitch and wiring of her Chevrolet Suburban, and she sought medical treatment for neck and back pain.
Hays and her daughter Megan, who was a passenger in the car, sued Sanderson. During discovery, Hays claimed more than $24,000 in economic damages. Sanderson offered to settle the case for $9,000, pursuant to Code of Civil Procedure section 998. Hays rejected the offer. Megan dismissed her case prior to the start of trial. The jury rendered a defense verdict against Hays.
Sanderson filed a memorandum of costs claiming costs of $18,542.92. Hays moved to tax costs.[1] The court granted the motion in part, reducing costs by $1,526. Hays appeals from the court's refusal to tax the remaining costs.
DISCUSSION
I
Sanderson's entitlement to costs was based on Code of Civil Procedure section 998.[2] Under that section, if a defendant makes a written offer which the plaintiff rejects, and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff â€