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Geist v. Sequoia Ventures8/24/2000
separately delineating the contribution of each member of the team on the basis of rate time hours. Responding to appellants' motion to tax costs, counsel for Sequoia explained in declaration that these costs were "paid by Sequoia to Chemical & Industrial Hygiene, Inc. for their expert industrial hygiene work on this matter. Dr. Rasmusson is Sequoia's expert industrial hygienist who would have testified on Sequoia's behalf. These costs were incurred by Sequoia as part of Dr. Rasmusson's preparation for trial. Sequoia, a general contractor, was sued by plaintiffs on a premises liability theory. The asbestos exposure level of decedent at Sequoia's work site is a critical issue to whether or not Sequoia can be liable under this theory. It is absolutely necessary to its defense that Sequoia proffer testimony from an expert in industrial hygiene trained in reconstructing asbestos exposure." At the hearing, counsel further explained that the industrial hygienist constructs a retrospective exposure history of the plaintiff, conducts research, looks at "TLV" levels, etc.
Appellants' complaints are that (1) the fees were not justified because none of the experts had testified or been deposed, and (2) Sequoia did not adequately delineate the nature of the costs. The first is not a proper objection. Expert costs may be awarded for time spent in preparation for trial. (§ 998, subd. (c).) The second has been rebutted by Sequoia. Although Sequoia did not delineate specific tasks per member of the industrial hygiene team, it did adequately explain the nature of the team's work, as well as the need.
III. DISPOSITION
We affirm the judgment.
We concur:Hanlon, P.J., Poché, J.
Trial Court: San Francisco County Superior Court
Trial Judge: Douglas C. Munson
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