Messenger And Rush Charges Also Are Compensable.
For prevailing parties, routine costs awardable are codified in Code of Civil Procedure sections 1032 – 1033.5. Except for costs expressly not allowed under section 1033.5(b), the lower court has discretion to allow other costs – even if not expressly allowable under section 1033.5(a) – if they are “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.” (Code Civ. Proc., § 1033.5(c).)
In Grewal v. National Western Life Ins. Co., Case No. B262181 (2d Dist., Div. 3 Oct. 12, 2016) (unpublished), the appellate court affirmed allowance of certain deposition costs which will make a lot of litigators happy under the subdivision (c) discretionary section: local deposition parking, attorney mileage, and hotel charges, although meals at a local deposition are not allowed. In addition, messenger and rush charge expenses are allowable if shown to be reasonably necessary to the lawsuit, which they were found to be by the trial court and sustainable under an abuse of discretion standard.