Baker-Hoey

Under Code of Civil Procedure section 1033.5, subdivision (a)(7), the prevailing party in tort litigation may recover as costs the ordinary witness fees, as defined in Government Code section 68093 and Code of Civil Procedure section 1986.5, which were incurred in deposing a witness. In this case, we hold that the ordinary witness fees do not include a treating physician’s reasonable and customary hourly or daily fees which must be paid under section 2034, subdivision-(i)(2) in. order to take the deposition of the treating physician.

We also hold that the prevailing party may not recover the costs of a discovery referee as a matter of right and the trial court did not abuse its discretion in denying recovery under the circumstances of this case.

The Underlying Litigation

Lockheed Martin Corporation appeals the trial court’s granting of a motion to tax certain costs in this case, which is also known as the Redlands tort litigation. The Redlands tort litigation began as a class action alleging that defendant Lockheed Martin Corporation and others conducted manufacturing operations in Redlands beginning in 1954, and that those operations discharged dangerous chemicals…