Judge: Alison Mackenzie, Case: BC475181, Date: 2024-01-18 Tentative Ruling

Case Number: BC475181    Hearing Date: January 18, 2024    Dept: 55

NATURE OF PROCEEDINGS:  Plaintiff Cherie Brown's Notice of Failure to Move to Tax Costs and Request the Court to Enter Costs Pursuant to Memorandum of Costs; Defendant Adi Perez’s Motion for Costs

The Court takes both matters off calendar.  

The Court entered a judgment in this case on 6/14/2023, which awarded costs to both Plaintiff and Defendant Perez but left the amount of such costs blank. Plaintiff and Defendant Perez then both timely filed a memorandum of costs. Neither party filed a motion to tax the costs sought by the other party. “After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.”  CRC Rule 3.1700(b)(4).  Neither party needed to file a motion for the clerk to process the costs because the clerk should process the costs in the absence of a motion to tax costs. The Court therefore requests that the clerk process the Memorandum of Costs and enter the amounts on the judgment nunc pro tunc. Grant v. List & Lathrop (1992) 2 Cal.App.4th 993, 996-97.