What is the test for a motion to tax or strike costs in a personal injury case?

California, United States of America


The following excerpt is from AV Sikh Ctr. v. Antelope Valley Sikh Ctr., B289045 (Cal. App. 2019):

" 'The trial court's exercise of discretion in granting or denying a motion to tax [and/or strike] costs will not be disturbed if substantial evidence supports its decision.' [Citation.] To the extent the statute grants the court discretion in allowing or denying costs or in determining amounts, we reverse only if there has been a ' "clear abuse of discretion" and a "miscarriage of justice." ' [Citation.]" (Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 52.)

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