Judge: Elaine W. Mandel, Case: 21SMCV00133, Date: 2023-01-27 Tentative Ruling

Case Number: 21SMCV00133    Hearing Date: January 27, 2023    Dept: P

Tentative Ruling

Guadalupe Real Property Investments, LLC v. Pegasus Investments Real Estate Advisory, Case No. 21SMCV00133

Hearing Date January 27, 2023

Guadalupe’s Motion for Order Striking and/or Taxing Costs

Defendant Pegasus prevailed on a motion for summary judgment and served a memorandum of costs seeking $29,336.34. Guadalupe moves to strike/tax.

Filing and Motion Fees Guadalupe moves to strike the $3,552 in filing and motion fees because they are not supported by a memorandum of costs worksheet and because they were incurred in Pegasus I and Pegasus II, two separate lawsuits that predate this case.

Service of Process Fees Guadalupe moves to strike $1,956.72 in service of process fees because no worksheet was filed, and the costs predate this litigation. Additionally, they argue Pegasus incurred messenger costs, which are not allowed per Code.

Electronic Filing and Hosting Fees for electronic filing and hosting are only recoverable if a court requires or orders them in the litigation. Cal. Code of Civ. Proc. §1033.5(a)(14). Guadalupe moves to strike for the reasons above, and because the court allegedly did not issue an order requiring electronic filing and/or hosting.

Pegasus acknowledges no worksheet was included with the initial memorandum of costs, and some costs from unrelated lawsuits were accidentally included. Pegasus provides a worksheet and re-calculates the fees, omitting the improper amounts. Additionally, Pegasus agrees to remove electronic hosting costs. Pegasus notes department P requires electronic filing via ECourt, so electronic filing fees are recoverable.

Pegasus’ opposition addresses all deficiencies identified in the motion to tax costs, making the motion MOOT. Pegasus’ updated request for $3,604.34 will be treated as operative. See Kass declaration ¶5.