Dixon Gas Club LLC v. Safeway Inc. CA1/3

DISCUSSION

Dixon’s challenge on appeal relates to the trial court’s award of $103,421.38 in costs to Safeway and admission of certain evidence Safeway offered in support of these costs. The relevant law is well-established. A prevailing party in a civil action or proceeding is generally entitled to recover costs. (Code of Civil Procedure section § 1032, subd. (b).)3 “ ‘Section 1033.5, enacted in 1986, codified existing case law and set forth the items of costs which may or may not be recoverable in a civil action. [Citation.]’ (Van de Kamp v. Gumbiner (1990) 221 Cal.App.3d 1260, 1291 [270 Cal.Rptr. 907].) An item not specifically allowable under subdivision (a) nor prohibited under subdivision (b) may nevertheless be recoverable in the discretion of the court if ‘reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation.’ (§ 1033.5, subd. (c)(2).)” 4 (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 773-774 (Ladas).) “If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if…