Amended in Assembly April 28, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, 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 begin delete if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project. end delete begin insert under specified conditions. Existing law also allows recovery of certain costs related to depositions. end insert

This bill would allow a prevailing party to recover begin delete court end delete interpreter fees begin delete without this condition. end delete begin insert for the deposition of a party or witness who does not proficiently speak or understand the English language. end insert

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

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

SECTION 1.  

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

1033.5.  

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

(1) Filing, motion, and jury fees.

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

(3)  begin insert (A) end insert begin insert   end insert Taking, video recording, and transcribing necessary
begin delete depositions end delete begin insert depositions, end insert including an original and one copy of
those taken by the claimant and one copy of depositions taken by
the party against whom costs are begin delete allowed, and travel end delete begin insert allowed end insert

begin insert

(B) Fees of a certified or registered interpreter for the deposition
of a party or witness who does not proficiently speak or understand
the English language.

end insert

begin insert (C) end insert begin insert   end insert begin insert Travel end insert expenses to attend depositions.

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

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

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

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

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

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

(6) Premiums on necessary surety bonds.

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

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

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

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

(A) Contract.

(B) Statute.

(C) Law.

(11) Court reporter fees as established by statute.

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

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

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

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

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

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

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

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

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

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

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

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

(3) Allowable costs shall be reasonable in amount.

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

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

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