The plaintiff brought a motion to compel answers to refusals and undertakings, which was settled by the defendant shortly after the motion materials were served.
The parties could not agree on costs.
The plaintiff sought over $26,000 in partial indemnity costs, while the defendant argued for $2,000 to $3,000.
The court found the plaintiff's costs entirely disproportionate, noting the plaintiff failed to serve a refusals chart until 11 months after the notice of motion and prepared full motion materials despite the defendant's cooperative stance.
The court fixed costs at $5,489.
