Ryan v. Beltramo Jr.

• Court: District Court, N.D. California
• Decided: March 27, 2023
• Docket: 4:21-cv-00085
• Status: Unknown

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 PAUL RYAN, JILLIAN RYAN, Case No. 21-cv-0085-YGR Plaintiffs, 7

8 v. ORDER REGARDING ALLOCATION OF COSTS 9 JOHN R. BELTRAMO, JR., Defendant. 10

12 “Federal Rule of Civil Procedure 54(d)(1) provides that ‘costs other than attorneys’ fees 13 shall be allowed as of course to the prevailing party unless the court otherwise directs.’ By its 14 terms, the rule creates a presumption in favor of awarding costs to a prevailing party, but vests in 15 the district court discretion to refuse to award costs.” Ass’n of Mexican-Am. Educators v. State of 16 California, 231 F.3d 572, 591 (9th Cir. 2000). “That discretion is not unlimited. A district court 17 must ‘specify reasons’ for its refusal to award costs.” Id. The Ninth Circuit has recognized the 18 losing party’s limited financial resources and misconduct on the part of the prevailing party as 19 valid reasons, among others. Id. 20 Here, defendant does not argue he has limited means, or misconduct on the part of 21 plaintiffs, he argues that plaintiffs are not the “prevailing party” because plaintiffs did not prevail 22 on their property claim. Defendant argues the Court entered a “mixed judgment” and should 23 either award costs in defendant’s favor or order each side to bear its own costs. (Dkt. No. 96 at 2.) 24 As defendant’s own authority acknowledges, it is not “necessary for a party to prevail on 25 all of its claims to be found the prevailing party.” San Diego Police Officers’ Ass’n v. San Diego 26 City Employees’ Ret. Sys., 568 F.3d 725, 741 (9th Cir. 2009) (citing K–2 Ski Co. v. Head Ski 27 Co., 506 F.2d 471, 477 (9th Cir.1974)). “[A] plaintiff ‘prevails’ when actual relief on the merits 1 defendant’s behavior in a way that directly benefits the plaintiff.” /d. (quoting Farrar v. 2 || Hobby, 506 U.S. 103, 111-12 (1992)). Such a material alteration in the legal relationship occurs 3 || when the plaintiff becomes entitled to enforce a judgment . . . against the defendant.” /d. That is 4 || the circumstance here.! 5 Finally, defendant’s argument that he is the prevailing party because he effectively “won” 6 || more damages than plaintiffs because the Court decided the claim with the higher potential 7 || damages amount (the property damage claim) in his favor is without legal basis and, in any event, 8 is not dispositive. Nothing in the record indicates that that particular claim was driving the 9 || litigation. 10 Accordingly, the Court GRANTS an award of costs to plaintiffs. 11 IT IS SO ORDERED. 12 Dated: March 27, 2023

3 YVONNE GONZALEZ ROGERS 14 UNITED STATES DISTRICT JUDGE

Oo Z 18 19 20 21 22 23 24 25 26 27 28 ' The Court considered whether only costs for the emotional distress claims on which plaintiffs prevailed should be awarded, but found the issue was not adequately briefed.