Personal Injury Lawyer Blog
The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)
Plaintiff Deborah Hill’s Motion to Strike and/or Tax Costs
Plaintiff will move this court for an order striking and/or taxing the following items of cost set forth in Defendants Memorandum of Costs filed in this matter.
Per code Plaintiff is only required to pay Defendant’s post-CCP 998 offer costs the court finds reasonable. Defendant’s CCP §998 offer was served on March 16, 2010 and expired April 16, 2010. Thus the only recoverable costs are those incurred after April 16, 2010.
(1) Regarding Item No. 1, “Filing and Motion Fees” Items a, b, and c, wrongfully included in CCP §998 offer, therefore not entitled to a reimbursement of these costs;
(2) Regarding Item No. 8, “Expert Fees,” wrongfully seeks $25,643.75 because it is much too expensive for the services provided and is therefore unjustified and unreasonable thus preventing Defendants from getting a reimbursement for these costs.
Plaintiff seeks an order taxing these costs pursuant to the provisions of Code of Civil Procedure § 1033.5.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
This Motion will be based upon this Notice of Motion, the accompanying Declaration of Jeffrey J. Jeffrey, the supporting Memorandum of Points and Authorities, upon the papers and pleadings on file herein, and upon such further oral and documentary evidence as may be presented at the of the hearing on said motion. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.