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BAKER-HOEY v. LOCKHEED MARTIN CORP.

No. E032995.

3 Cal.Rptr.3d 593 (2003)

111 Cal.App.4th 592

Patricia BAKER-HOEY et al., Plaintiffs and Respondents, v. LOCKHEED MARTIN CORPORATION, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

August 20, 2003.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Robert S. Warren, Robert W. Loewen, Irvine, David A. Battaglia and Peter E. Perkowski, Los Angeles; Holmes Roberts & Owen and Linnea Brown, Denver, CO, for Defendant and Appellant.

Engstrom, Lipscomb & Lack, Walter J. Lack, Gary A. Praglin and Ann A. Howitt; Girardi & Keese and Thomas V. Girardi, Los Angeles, for Plaintiffs and Respondents.

OPINION

HOLLENHORST, J.

Under Code of Civil Procedure section 1033.5, subdivision (a)(7), the prevailing party in tort litigation may recover as costs the ordinary witness fees, as defined in Government Code section 68093 and Code of Civil Procedure section 1986.5, which were incurred in deposing a witness.1 In this case, we hold that the ordinary witness fees do not include a treating...

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