McCluskey
McCluskey v. Hendricks CA2/2
Opinion
Opinion
DISCUSSION
I. Standard of review
As the parties agree, we review “[a] costs award . . . for abuse of discretion. [Citations.] This means we must determine ‘whether the trial court exceeded the bounds of reason.’” (El Dorado Meat Co. v. Yosemite Meat & Locker Services, Inc. (2007) 150 Cal.App.4th 612, 617.) The appealing party bears the burden of demonstrating an abuse of discretion. (Hooked Media Group, Inc. v. Apple Inc. (2020) 55 Cal.App.5th 323, 338.) “[T]he determination of whether the trial court had the statutory authority to make such an award is a question of law that we review de novo. [Citation.]” (Carpenter v. Jack in the Box Corp. (2007) 151 Cal.App.4th 454, 460.)
II. Relevant law
“[A] prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” (Code Civ. Proc., § 1032, subd. (b).)2 The statutes governing the award of costs create three categories of costs: (1) those specifically enumerated as “allowable” (§ 1033.5, subd. (a)); (2) those specifically enumerated as “not allowable . . . except when expressly authorized by law” (§ 1033.5, subd. (b)); and (3) those “not
2 All further statutory references are to the Code of Civil…