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:

1.  Garcia v. Tempur-Pedic North America, LLC, 98 Cal.App.5th 819

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