Judge: Carolyn M. Caietti, Case: 37-2021-00041299-CL-OE-CTL, Date: 2024-04-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 11, 2024

04/12/2024  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Limited  Other employment Motion Hearing (Civil) 37-2021-00041299-CL-OE-CTL PARSONAGE VS WAL-MART ASSOCIATES INC [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Tina Parsonage's Motion to Strike and Tax Costs is GRANTED IN PART AND DENIED IN PART.

On September 29, 2023, the Court granted Defendants' motion for summary judgment and thereafter entered judgment. (ROA 111, 116.) Defendants filed a memorandum of costs. (ROA 123.) Plaintiff seeks to strike and tax all costs.

Plaintiff first argues the memorandum and supporting declaration are not verified as required by California Rules of Court, rule (CRC) 3.1700(a)(1). This argument lacks merit as the memorandum is plainly and properly verified by Attorney King. (ROA 123.) The declaration is also signed under penalty of perjury and merely explains the basis for some of the asserted costs.

However, Plaintiff's second argument holds merit. C.C.P. section 1032 and CRC 3.1700 allow for costs to a prevailing party. But here, Defendants include costs from related cases and, in those cases, the Court has not made determinations Defendants are the prevailing parties. Costs from the other related cases are not awardable and subject to taxing.

Defendants maintain only $134.42 reflect jointly incurred costs. They also indicate some of the figures in its memorandum are incorrect. The Court will hear from Defendants on the corrected amount of costs incurred in this action only. On review those costs are reasonable, that amount will be awarded to Defendants.

Concluding Orders For these reasons, the motion to strike and tax costs is GRANTED IN PART AND DENIED IN PART.

The Court will tax the amount of costs incurred in the other related case in an amount to be discussed at the hearing.

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