California Supreme Court Watch

#20-275 Segal v. ASICS America, S263569. (B299184; 50 Cal.App.5th 659; Los Angeles County Superior Court; BC597769.) Petition for review after the Court of Appeal affirmed a post-judgment order in a civil action. The court limited review to the following issue: May a party recover costs for preparing multiple sets of trial exhibits and closing slides that were not used at trial?

Review granted: 9/30/2020

Opinion filed: Judgment affirmed in full: 1/13/2022

See the California Court of Appeal Opinion.

See the Petition for Review.

See the California Supreme Court Opinion.  (Segal v. ASICS America Corp. (2022) 12 Cal.5th 651.)

“For the reasons set forth below, we conclude that costs related to unused photocopies of trial exhibits and demonstratives are not categorically recoverable under [Code of Civil Procedure] section 1033.5(a)(13), but they may still be awarded in the trial court’s discretion pursuant to section 1033.5(c)(4). Accordingly, we affirm the Court of Appeal, although on slightly narrower grounds.”

Chief Justice Cantil-Sakauye authored the opinion of the Court, in which Justices Corrigan, Liu, Kruger, Groban, Jenkins, and Irion concurred