Judge: Daniel S. Murphy, Case: 22STCV10963, Date: 2023-11-03 Tentative Ruling

Case Number: 22STCV10963    Hearing Date: January 10, 2024    Dept: 32

BACKGROUND

            On March 30, 2022, Plaintiffs Juan Carlos Soria and Rudy Mananteau filed this action against Defendants Maureira Construction, Inc. and Claudio Maureira, alleging (1) breach of contract, (2) common count, (3) accounting, and (4) unjust enrichment. The action stems from Defendants’ failure to pay for Plaintiffs’ shareholder interest in Maureira Construction, Inc. despite an agreement.

            On July 15, 2022, Plaintiffs obtained a judgment against Defendants in the amount of $71,704.29. On November 1, 2023, Plaintiffs obtained a partial satisfaction of the judgment in the amount of $48,000.

            On November 17, 2023, Plaintiffs filed a Memorandum of Costs After Judgment (MOC), claiming a total of $6,365.72 in post-judgment costs. On the same day, Plaintiffs also filed the instant motion for an order awarding the costs claimed in the MOC, with an additional $840 for this motion, and $144.73 in interest. Defendants have not filed an opposition.

LEGAL STANDARD

“The judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Attorney’s fees incurred in enforcing a judgment are not included in costs collectible under this title unless otherwise provided by law. Attorney’s fees incurred in enforcing a judgment are included as costs collectible under this title if the underlying judgment includes an award of attorney’s fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5.” (Code Civ. Proc., § 685.040.)

“The judgment creditor may claim costs authorized by Section 685.040 by noticed motion. The motion shall be made before the judgment is satisfied in full, but not later than two years after the costs have been incurred.” (Code Civ. Proc., § 685.080(a).) “The notice of motion shall describe the costs claimed, shall state their amount, and shall be supported by an affidavit of a person who has knowledge of the facts stating that to the person’s best knowledge and belief the costs are correct, are reasonable and necessary, and have not been satisfied.” (Id., § 685.080(b).) “The court shall make an order allowing or disallowing the costs to the extent justified under the circumstances of the case.” (Id., § 685.080(c).)  

LEGAL STANDARD

            The costs claimed by Plaintiffs, including attorneys’ fees, are reasonable based on supporting evidence. (See Tokar Decl.) The Court finds that the costs are justified under the circumstances of the case. (See Code Civ. Proc., § 685.080(c).) Additionally, Defendants did not challenge the costs claimed in the MOC within 10 days. (See id., § 685.070(d) [“If no motion to tax costs is made within the time provided in subdivision (c), the costs claimed in the memorandum are allowed”].) Defendants also do not oppose this motion.

CONCLUSION

            Plaintiffs’ motion for fees, costs, and interest is GRANTED.