BILL NUMBER: AB 1002 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2015
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 if the court authorized the use of a
qualified court interpreter for an indigent person represented by a
qualified legal services project. under specified
conditions. Existing law also allows recovery of certain costs
related to depositions.
This bill would allow a prevailing party to recover court
interpreter fees without this condition.
for the deposition of a party or witness who does not
proficiently speak or understand the English language.
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) (A) Taking, video recording, and
transcribing necessary depositions
depositions, 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 allowed, and travel
allowed
(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.
(C) Travel 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 fees. fees for a
qualified court interpreter authorized by the court for an indigent
person represented by a qualified legal services proj ect,
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.
(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).