Segal v. ASICS America Corp.
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The Court of Appeal affirmed the district court's order granting in part and denying in part Size It's motion to tax costs. The court held that Size It has not shown that the trial court abused its discretion in taxing costs associated with photocopies of exhibits and the creation of closing argument demonstratives; travel expenses for defense counsel; and interpreter fees.
The court acknowledged a split in authority over whether costs incurred in preparing models, blowups, and photocopies of exhibits not used at trial may be awarded under Code of Civil Procedure section 1033.5, subdivision (a)(13). The court published to explain why it has concluded that they may and include its pragmatic take on why having well-prepared counsel is "reasonably helpful to aid the trier of fact"—the test for cost recovery under the statute.
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