Legal Opinion
Baker-Hoey v. Lockheed Martin Corp.
California Court of Appeal
Decided August 20, 2003No. E032995PublishedCited by 24 opinions
1Opinion of the Court
Opinion
HOLLENHORST, J.
Under Code of Civil Procedure section 1033.5, subdivision (a)(7), the prevailing party in tort litigation may recover as costs the ordinary witness fees, as defined in Government Code section 68093 and Code of Civil Procedure section 1986.5, which were incurred in deposing a witness. In this case, we hold that the ordinary witness fees do not include a treating physician’s reasonable and customary hourly or daily fees which must be paid under section 2034, subdivision-(i)(2) in. order to take the deposition of the treating physician.
We also hold that the prevailing party…
2Cases cited19 opinions
- Ladas v. California State Automobile Ass'nCalifornia Court of Appeal · 1993
- Ford v. GouinCalifornia Supreme Court · 1992
- Lockheed Martin Corp. v. Superior CourtCalifornia Supreme Court · 2003
- Carver v. Chevron U.S.A., Inc.California Court of Appeal · 2002
- Schreiber v. Estate of KiserCalifornia Supreme Court · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Gorman v. Tassajara Development Corp.California Court of Appeal · 2009
- Communities for a Better Environment v. City of RichmondCalifornia Court of Appeal · 2010
- In re Insurance Installment Fee CasesCalifornia Court of Appeal · 2012
- Westamerica Bank v. Mbg Industries, Inc.California Court of Appeal · 2007
- Acosta v. SI CORP.California Court of Appeal · 2005
19 more not listed; retrieve them via the Exa API.