Filed 12/12/17 PG & E v. HART High-Voltage Apparatus Repair and Testing CA5



NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT

PACIFIC GAS AND ELECTRIC COMPANY,

Plaintiff and Appellant,

v.

HART HIGH-VOLTAGE APPARATUS REPAIR AND TESTING CO., INC.,

Defendant and Respondent.

F073350

(Super. Ct. No. CV003013)


OPINION

APPEAL from a judgment of the Superior Court of Merced County. Donald J. Proietti, Judge.
Urrabazo Law, Donald Urrabazo, Arturo Padilla and Joon Song for Plaintiff and Appellant.
Michel & Fackler, Michael D. Michel, Kate Morrow and Jeff Fackler for Defendant and for Respondent.
-ooOoo-
Plaintiff Pacific Gas and Electric Company (PG&E) appeals from a postjudgment order awarding costs of $240,156.07 to defendant HART High-Voltage Apparatus Repair and Testing Co., Inc. (HART). The award included expert witness costs totaling $207,974.63, which the court found HART was entitled to recover under Code of Civil Procedure section 998. The judgment against PG&E was entered after the trial court granted HART’s motion for summary adjudication as to all of PG&E’s causes of action.
In case No. F072904, we reversed the judgment against PG&E and remanded for further proceedings on its causes of action for negligence and damages under Public Utilities Code section 7952. With the reversal of the underlying judgment, the award of costs to HART can no longer stand. We therefore vacate the order.
DISPOSITION
The trial court is directed to vacate its January 8, 2016, order denying PG&E’s motion to strike defendant’s cost memorandum and granting in part PG&E’s motion to tax costs. PG&E shall recover its costs on appeal.


FRANSON, Acting P.J.
WE CONCUR:



SMITH, J.



MEEHAN, J.