CGLaw Pod
Welcome to CGLaw Pod, the podcast channel brought to you by CaseyGerry, the most established personal injury law firm in San Diego / Founded in 1947.
Our podcast features a team of experienced personal injury attorneys who will share their knowledge and insights with our audience. Each episode will cover a different topic related to personal injury law, such as car accidents, medical malpractice, product liability, and more.
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CGLaw Pod
Ganci Law Update: EP16 Can you recover costs of depositions if the depositions did not actually occur?
In this episode, Attorney Eric Ganci delves into a recent California court decision that sheds light on whether prevailing parties can recover costs for depositions that were noticed but didn’t occur.
Garcia v. Tempur-Pedic North America, LLC:
- Background: Consumers filed tort claims against a mattress retailer and manufacturer, alleging injuries from a sagging mattress. After settling with the retailer and dismissing claims against the manufacturer, Tempur-Pedic sought to recover deposition costs.
- Key Issue: Can the prevailing party recover costs for depositions that were noticed but didn’t take place?
The court ruled that, under California Civil Code 1033.5, the prevailing party can recover costs for depositions as they are considered “reasonably necessary to the conduct of the litigation.” This includes costs for depositions that were noticed but did not happen, as well as late cancellation fees. The court emphasized that the necessity of the depositions at the time they were noticed is key, regardless of whether they ultimately occurred.
For more information:
- Garcia v. Tempur-Pedic North America, LLC, 98 Cal.App.5th 819
Learn more about Eric Ganci