Westreich v. Higa CA2/5
Spouses Meir Westreich and Maria Ruiz (plaintiffs) brought an action against their next-door neighbors Randall and Janice Higa (defendants) concerning a boundary line dispute. Defendants prevailed in that action and judgment was entered in their behalf. As the prevailing parties (Code Civ. Proc., §§ 1032, subd. (b); 1033.5), defendants claimed $69,824 in costs. This sum included defendants’ filing fees, service of process fees, deposition costs, court reporter fees, cost of trial transcripts, and costs for “[m]odels, blowups, and photocopies of exhibits.” This amount also included $38,229.00 in expert fees incurred after plaintiffs failed to accept defendants’ section 998 offer.
Plaintiffs moved to strike and/or tax costs, challenging every category except filing fees. Defendants opposed the motion. The hearing on plaintiffs’ motion was not reported and was held without Westreich, who arrived late, after the trial court ruled. Plaintiffs’ motion was denied in
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