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Litigants must pay for deposition costs even if they are not used, the Court of Appeal, Fourth Appellate District, Division Two ruled Jan. 8.

The ruling comes from a torts case brought by Riverside County consumers that claimed the mattress they bought from Tempur-Pedic was defective, and caused injuries while they slept.

The litigants settled their case before trial.

Vincent Garcia, who brought the case, was ordered to pay for Tempur-Pedic’s costs because they were the prevailing party. This included $5,174 for depositions of doctors and $2,491 for service of process.

Tempur-Pedic had racked up two depositions at the costs of $527 and $818, and $2,053

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