Applegate

Plaintiff George Applegate appeals from the portion of the judgment of the trial court awarding costs to defendants following his dismissal of the underlying action on thé day of trial. We affirm.

I

Defendant St. Francis Lutheran Church owns a building on Belcher Street in San Francisco, which it rents to defendant Friends of St. Francis Child Care Center, Inc. Plaintiff, an attorney appearing in propria persona, owns property located next door to the child care center. He filed the underlying action for declaratory and injunctive relief to abate a nuisance he alleged was caused by operation of the child care center.

On the date set for trial plaintiff moved for a continuance, and when his motion was denied, he dismissed the action without prejudice.

Defendants then filed a memorandum of costs pursuant to Code of Civil Procedure sections 1032 and 1033.5 seeking to recover costs totalling $2,078.01. Plaintiff filed a motion to tax costs, which the court partially granted as to $828 of claimed costs. The court denied the motion as to deposition costs of $75 and as to the costs for photographs and blueprints prepared for use as trial exhibits in the amount of…