California Legislature—2015–16 Regular Session

Assembly BillNo. 1002


Introduced by Assembly Member Wilk

February 26, 2015


An act to amend Section 1033.5 of the Code of Civil Procedure, relating to civil actions.

LEGISLATIVE COUNSEL’S DIGEST

AB 1002, as introduced, Wilk. Civil actions: interpreter costs.

Existing law enumerates costs that a prevailing party in a civil action may recover. Existing law allows a prevailing party to recover court interpreter fees if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project.

This bill would allow a prevailing party to recover court interpreter fees without this condition.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 1033.5 of the Code of Civil Procedure
2 is amended to read:

3

1033.5.  

(a) The following items are allowable as costs under
4Section 1032:

5(1) Filing, motion, and jury fees.

6(2) Juror food and lodging while they are kept together during
7trial and after the jury retires for deliberation.

P2    1(3) Taking, video recording, and transcribing necessary
2depositions including an original and one copy of those taken by
3the claimant and one copy of depositions taken by the party against
4whom costs are allowed, and travel expenses to attend depositions.

5(4) Service of process by a public officer, registered process
6server, or other means, as follows:

7(A) When service is by a public officer, the recoverable cost is
8the fee authorized by law at the time of service.

9(B) If service is by a process server registered pursuant to
10Chapter 16 (commencing with Section 22350) of Division 8 of the
11Business and Professions Code, the recoverable cost is the amount
12actually incurred in effecting service, including, but not limited
13to, a stakeout or other means employed in locating the person to
14be served, unless those charges are successfully challenged by a
15party to the action.

16(C) When service is by publication, the recoverable cost is the
17sum actually incurred in effecting service.

18(D) When service is by a means other than that set forth in
19subparagraph (A), (B), or (C), the recoverable cost is the lesser of
20the sum actually incurred, or the amount allowed to a public officer
21in this state for that service, except that the court may allow the
22sum actually incurred in effecting service upon application pursuant
23to paragraph (4) of subdivision (c).

24(5) Expenses of attachment including keeper’s fees.

25(6) Premiums on necessary surety bonds.

26(7) Ordinary witness fees pursuant to Section 68093 of the
27Government Code.

28(8) Fees of expert witnesses ordered by the court.

29(9) Transcripts of court proceedings ordered by the court.

30(10) Attorney’s fees, when authorized by any of the following:

31(A) Contract.

32(B) Statute.

33(C) Law.

34(11) Court reporter fees as established by statute.

35(12) Court interpreter fees begin delete for a qualified court interpreter
36authorized by the court for an indigent person represented by a
37qualified legal services project, as defined in Section 6213 of the
38Business and Professions Code or a pro bono attorney as defined
39in Section 8030.4 of the Business and Professions Codeend delete
.

P3    1(13) Models and blowups of exhibits and photocopies of exhibits
2may be allowed if they were reasonably helpful to aid the trier of
3fact.

4(14) Any other item that is required to be awarded to the
5prevailing party pursuant to statute as an incident to prevailing in
6the action at trial or on appeal.

7(b) The following items are not allowable as costs, except when
8expressly authorized by law:

9(1) Fees of experts not ordered by the court.

10(2) Investigation expenses in preparing the case for trial.

11(3) Postage, telephone, and photocopying charges, except for
12exhibits.

13(4) Costs in investigation of jurors or in preparation for voir
14dire.

15(5) Transcripts of court proceedings not ordered by the court.

16(c) Any award of costs shall be subject to the following:

17(1) Costs are allowable if incurred, whether or not paid.

18(2) Allowable costs shall be reasonably necessary to the conduct
19of the litigation rather than merely convenient or beneficial to its
20preparation.

21(3) Allowable costs shall be reasonable in amount.

22(4) Items not mentioned in this section and items assessed upon
23application may be allowed or denied in the court’s discretion.

24(5) When any statute of this state refers to the award of “costs
25and attorney’s fees,” attorney’s fees are an item and component
26of the costs to be awarded and are allowable as costs pursuant to
27subparagraph (B) of paragraph (10) of subdivision (a). Any claim
28not based upon the court’s established schedule of attorney’s fees
29for actions on a contract shall bear the burden of proof. Attorney’s
30fees allowable as costs pursuant to subparagraph (B) of paragraph
31(10) of subdivision (a) may be fixed as follows: (A) upon a noticed
32motion, (B) at the time a statement of decision is rendered, (C)
33upon application supported by affidavit made concurrently with a
34claim for other costs, or (D) upon entry of default judgment.
35Attorney’s fees allowable as costs pursuant to subparagraph (A)
36or (C) of paragraph (10) of subdivision (a) shall be fixed either
37upon a noticed motion or upon entry of a default judgment, unless
38otherwise provided by stipulation of the parties.

39Attorney’s fees awarded pursuant to Section 1717 of the Civil
40Code are allowable costs under Section 1032 of this code as
P4    1authorized by subparagraph (A) of paragraph (10) of subdivision
2(a).



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