Losing plaintiff in an insurance dispute must have been agasp when he was hit with a costs award of $93,369.05, although the trial court did lop off one-third of the requested $140,053.58. (The costs mainly included witness fees and deposition costs.)
Plaintiff was not successful in his appeal in Morgan v. Pacific Specialty Ins. Co., Case No. B225793 (2d Dist., Div. 7 Nov. 20, 2012) (unpublished).
The trial judge properly discounted for work done on another case involving the same defense firm. Nothing demonstrated that the allocation was unjust. Plaintiff did not satisfy his burden to challenge by simply arguing that the costs were not necessary for the defense of his case or not reasonable–evidence was needed to prove these types of challenges, proof not provided by plaintiff. (Seever v. Copley Press, Inc., 141 Cal.App.4th 1550, 1557 (2006).) Plaintiff also waived his argument that some costs were not recoverable, because he failed to cite authority to support the claim. (In re Marriage of Falcone & Fyke, 164 Cal.App.4th 814, 830 (2008).)
Something attacked me from behind! he gasped out. Thomas Fogarty, artist. c 1890-1938. Library of Congress.