Judge: Douglas W. Stern, Case: 21STCV11434, Date: 2023-08-31 Tentative Ruling


Case Number: 21STCV11434    Hearing Date: December 18, 2023    Dept: 68

Sandra D. Smith-Martin, et al. vs. State Farm General Insurance Company, 21STCV11434

Motion to Tax Costs

Moving Parties: Plaintiffs Sandra D. Smith-Martin and Sterling K. Martin

Responding Party: Defendant State Farm General Insurance Company

Motion

            This Court granted Defendant State Farm General Insurance Company’s (Defendant) motion for summary judgment on August 31, 2023, with judgment entered on October 18, 2023. On November 2, 2023, Defendant filed its Memorandum of Costs, seeking $20,504.77 in costs. Defendant did not include a memorandum of costs worksheet with this filing, or any other documentation for its claimed costs.

“Although there is no requirement that copies of bills, invoices, statements be attached to the memorandum, once the memorandum of costs has been challenged put at issue, the party seeking the costs must submit supporting documentation. Jones v. Dumrichob 63 Cal.App.4th 1258, 1267 (1998).”  (Motion P&A pg. 4:23-26.)

Plaintiffs Sandra D. Smith-Martin and Sterling K. Martin (Plaintiffs) have filed a motion to tax costs based on Defendant’s failure to include the worksheet and challenging Defendant’s claimed costs due to the lack of documentation supporting the claimed costs. Plaintiffs filed this motion pursuant to Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44 (allowing for reasonable costs) and Jones v. Dumrichob 63 Cal.App.4th 1258 (requiring a party to submit supporting documentation when the memorandum of costs has been challenged).

            Defendant’s opposition included a declaration from Defendant’s attorney, Marlene K. Flores. Attached to the declaration are the memorandum of costs worksheet and documentation supporting the claimed costs.

            Because Plaintiffs’ motion to tax costs was based on the lack of supporting documents for Defendant’s claimed costs, Plaintiffs’ motion is now moot. The Court denies Plaintiffs’ motion.

Order

1.      Plaintiffs’ motion to tax costs is DENIED WITHOUT PREJUDICE.

2.      Plaintiffs are given 15 days to refile a motion to tax costs based on the documents provided by Defendant.