In appellant’s third trip to the Court of Appeal after losing a jury trial against her former employer, she argued that the trial judge’s failure to grant her motion to tax costs on appeal was error.
Third time was not the charm in Chaaban v. Wet Seal, Inc., Case No. G046122 (4th Dist., Div. 3 Dec. 4, 2012) (unpublished).
As Justice Bedsworth found on behalf of a 3-0 panel, appellant did not properly rebut the presumption that a memorandum of cots on appeal is prima facie evidence of allowed costs. Appellant’s motion to tax showing amounted to a hearsay conversation with a court reporter, which was equivocal at best and did not rebut that the charges were incurred by the opponent. Simply put, appellant did not carry her burden to show respondent did not pay for the reporter’s transcripts being challenged through the motion to tax costs.