Judge: H. Jay Ford, III, Case: 19SMCV01498, Date: 2025-05-06 Tentative Ruling

Case Number: 19SMCV01498    Hearing Date: May 6, 2025    Dept: O

  Case Name:  Moda v. Diba, et al.

SUBJECT:                 MOTION TO TAX COSTS

MOVING PARTY:   Plaintiff Kevin Moda 

RESP. PARTY:         Defendants Kasey Diba, Matthew Sichi, Finnegan & Diba, a law Corp

TENTATIVE RULING

            Plaintiff Kevin Moda’s Motion to Tax Costs is DENIED.

Defendants Kasey Diba, Matthew Sichi, Finnegan & Diba, a law Corp are the prevailing party on Kevin Moda’s Complaint against the Diba Defendants under CCP § 1032(a)(4).  Moda voluntarily electronically filed his Request for Dismissal of his complaint against the Diba Defendants on October 21, 2024, on the morning of the day of trial, less than one hour before the Court called the case for trial and for hearing on the Diba Defendant’s Motion to Dismiss Moda’s complaint, and the Court’s Order to Show Cause why Moda’s complaint against the Diba Defendants should not be dismissed for failure to prosecute. The Diba Defendants filed their Request for Dismissal of their cross-complaint against Moda on October 25, 2024.  Neither dismissal was the result of a settlement or agreement to a mutual dismissal of the parties claims against each other.

Defendants’ memorandum of costs seeks costs that are allowable by statute.  Plaintiff does not meet his burden to show the costs are unreasonable or unnecessary.

Defendant’s may submit a judgement for an award of costs of $85,239.09.