Most Were Discretionary By The Lower Court, Except For Investigative Fees Which Are Not Allowed.
In Slutske v. Gratton, Case No. B325068 (2d Dist., Div. 1 Dec. 31, 2024) (unpublished), the appellate court largely affirmed a lower court’s determination that the following costs were allowable in its discretion based on CCP § 998 or “reasonable/necessary” catchall leeway allowed under the costs statute: (1) expert witness fees allowable after non-acceptance of a 998 offer; (2) unsuccessful or withdrawn motions allowable if reasonable/necessary; and (3) costs of witnesses/experts not testifying at trial or exhibits not used at trial allowable if reasonable/necessary. However, investigative expenses were stricken as allowable costs, with neither side arguing because they are expressly not allowable (CCP § 1033.5(b)(2)). The DCA also determined that costs for subpoenaed documents not used at trial were expressly allowable because they are “deposition costs.”