Segal v. ASICS America Corp.
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The Supreme Court held that costs related to unused photocopies of trial exhibits and demonstratives are not categorically recoverable under Cal. Civ. Code Proc. 1033.5(a)(13) but that they still may be awarded in the trial court's discretion pursuant to Cal. Civ. Code Proc. 1033.5(c)(4).
The court of appeal in this case held that costs incurred in preparing photocopies of exhibits and demonstrative aids for trial are recoverable under section 1033.5(a)(13), even if they were not ultimately used at trial, and that such costs may be awarded in the trial court's discretion under section 1033.5(c)(4). The Supreme Court affirmed, although on slighter narrower grounds, holding that the court of appeal (1) erred when it held that costs for demonstratives and photocopies of exhibits prepared for, but ultimately not used at, trial are categorically recoverable under section 1033.5(a)(13); but (2) did not err in determining that such costs are recoverable in the trial court's discretion under section 1033.5(c)(4).
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