Judge: Holly J. Fujie, Case: 19STCV27558, Date: 2022-07-29 Tentative Ruling

DEPARTMENT 56 JUDGE HOLLY J. FUJIE, LAW AND MOTION RULINGS. The court makes every effort to post tentative rulings by 5.00 pm of the court day before the hearing. The tentative ruling will not become the final ruling until the hearing [see CRC 3.1308(a)(2)], and are also available in the courtroom on the day of the hearing [see CRC 3.1308(b)]. If the parties wish to submit on the tentative ruling and avoid a court appearance, all counsel must agree and choose which counsel will give notice. That counsel must 1) call Dept 56 by 8:30 a.m. on the day of the hearing (213/633-0656) and state that all parties will submit on the tentative ruling, and 2) serve notice of the ruling on all parties. If any party declines to submit on the tentative ruling, then no telephone call is necessary and all parties should appear at the hearing in person or by Court Call. Court reporters are not provided, and parties who want a record of motions and other proceedings must hire a privately retained certified court reporter.

Case Number: 19STCV27558    Hearing Date: July 29, 2022    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendants Hovhannes Keshishian, Onnik Kazanchian, and Rodolfo Hernandez (collectively, “Moving Defendants”)

            The Court has considered the moving papers. No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

BACKGROUND

On May 12, 2022, following a bench trial, the Court entered judgment in favor of Moving Defendants with respect to all of Plaintiff’s claims.[1]  On June 22, 2022, Plaintiff filed a Memorandum of Costs (the “MOC”). Moving Defendants filed a motion to tax/strike costs (the “Motion”) seeking to strike all the costs in the MOC and Plaintiff’s subsequently filed post-judgment costs MOC.

DISCUSSION

CCP section 1032, subdivision (a)(4) provides that a prevailing party is entitled as a matter of right to recover costs in any action or proceeding, unless provided otherwise by statute.  (CCP § 1032, subd. (a)(4).) 

As Plaintiff is not the prevailing party vis a vis Moving Defendants, the Court GRANTS the Motion in its entirety.

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

                                                                                                       Dated this 29th day of July 2022