Judge: Holly J. Fujie, Case: 21STCV20244, Date: 2023-07-20 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: 21STCV20244    Hearing Date: July 20, 2023    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

MOVING PARTY: Defendant Mercedes-Benz USA, LLC (“Moving Defendant”)

RESPONDING PARTY: Plaintiff

The Court has considered the moving, opposition and reply papers.

BACKGROUND

This action arises out of the purchase of an allegedly defective vehicle (the “Vehicle”) manufactured by Moving Defendant.  On November 2, 2022, the Court entered a judgment (the “Judgment”) which provided that Defendants would pay Plaintiff $170,475.60 in restitution and other damages.  The Judgment also provides for Plaintiff’s return of the Vehicle to Defendants. 

On April 20, 2023, Plaintiff filed a Memorandum of Costs After Judgment (the “MOC”) listing post-judgment costs in the total amount of $74,856.61.  On May 5, 2023, Moving Defendant filed a motion to tax costs (the “Motion”).   

DISCUSSION

Under California Code of Civil Procedure (“CCP”) section 685.070, a judgment creditor may claim enumerated costs of enforcing a judgment.  (See CCP § 685.070, subd. (a)(1)-(a)(5).)  Before the judgment is fully satisfied but not later than two years after the costs have been incurred, the judgment creditor claiming costs under this section shall file a memorandum of costs with the court clerk and serve a copy on the judgment debtor.  (CCP § 685.070, subd. (b).)

            Moving Defendant presents evidence that the $66,745 claimed in Item 1a(8) and $2,446.16 claimed in Item 1(b) of the MOC represent the amount of attorney’s fees and costs that the Court awarded Plaintiff on February 7, 2023, which Moving Defendant paid by check along with the principal amount of the Judgment on April 20, 2023.  (See Declaration of Julia Wood (“Wood Decl.”) ¶ 4, Exhibit C.)  The Court therefore finds it appropriate to strike these costs from the MOC.  Moving Defendant’s remaining arguments, however, are not convincing.  Moving Defendant provides no citation to authority to support its view that it should not be required to pay the interest that accrued on the Judgment before it paid the principal amount on April 20, 2023.[1]  The Court therefore GRANTS the Motion in part, consistent with the foregoing.

Moving party is ordered to give notice of this ruling.

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 20th day of July 2023