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Case Name | Frank D. Brown v. Desert Christian Center | |
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Date | 03/17/2011 | |
Note | A trial court had jurisdiction to award a defendant employer $7,910 in costs it incurred while defending against an employee's civil suit. | |
Citation | F060139 | |
WCC Citation | WCC 37302011 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT F060139 March 17, 2011 FRANK D. BROWN, PLAINTIFF AND RESPONDENT, v. DESERT CHRISTIAN CENTER, DEFENDANT AND APPELLANT. CERTIFIED FOR PUBLICATION OPINION In this personal injury case, defendant Desert Christian Center was successful in proving its affirmative defense that the injuries alleged by plaintiff Frank D. Brown were within the exclusive jurisdiction of the workers' compensation system. Defendant contends on appeal that the trial court had jurisdiction to award costs under the particular circumstances of this case. The total amount of costs claimed in the memorandum was $7,909. 88, the majority of which consisted of deposition costs. The trial court agreed that it lacked jurisdiction to award costs and granted the motion to strike the memorandum of costs.
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