Chaaban
Chaaban v. Wet Seal, Inc.
Opinion
Lead Opinion
Bedsworth, J.
INTRODUCTION
Sally Chaaban appeals from an order denying her motion to tax costs after a jury trial in which defendants prevailed. We affirm the order. We publish this opinion because of our holding regarding the recovery of expert fees under Code of Civil Procedure section 998, subdivision (c).
FACTS
Chaaban sued her employer, Wet Seal, 1 for wrongful termination in violation of public policy. Chaaban alleged Wet Seal fired her at the end of 2006 for refusing to work past her shift and in retaliation for complaining about not getting her statutorily mandated meal and rest breaks. Wet Seal, in turn, asserted that her employment was first suspended, then terminated, for leaving the company’s Fashion Island retail outlet on the day after Christmas (one of the busiest retail days of the year) when only one other salesperson was working in the store. 2 Company policy forbids leaving a salesperson alone in a store during business hours. The jury returned a verdict in Wet Seal’s favor.
*52 Wet Seal filed a memorandum of costs claiming $29,770.67. Chaaban filed a motion to tax costs, objecting to a number of the items. With the exception of a small amount attributable to…