Judge: Joel R Wohlfeil, Case: 37-2023-00034736-CU-OR-CTL, Date: 2024-04-05 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - April 02, 2024

04/05/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00034736-CU-OR-CTL BRONX INVESTMENTS LLC VS UNITED FUNDING INVESTMENTS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 02/27/2024

The Motion (ROA # 83) of Plaintiff BRONX INVESTMENTS LLC ('Plaintiff') to strike the Memorandum of Costs (Summary) (ROA # 81), is DENIED.

The alternative Motion to tax the cost memorandum, is GRANTED IN PART and DENIED IN PART.

The Court taxes the costs by reducing Item 16 to zero. As a result, total allowable costs now total $1,193.26. The remaining cost items are not taxed.

Regarding the Motion to strike, this action was dismissed such that Defendants are deemed to be the prevailing parties. They are entitled to an award of ordinary costs as a matter of right. Code Civ. Proc.

1032(a)(4) and 1033.5.

Regarding the Motion to tax each cost item, no argument or evidence is presented contesting Items 1 and 14, and these items do not appear improper on their face. Bender v. County of Los Angeles (2013) 217 Cal. App. 4th 968, 989 (a verified memorandum of costs is prima facie evidence of the propriety of the items listed on it, and the burden is on the party challenging these costs to demonstrate that they were not reasonable or necessary).

On the other hand, the amount stated within Item 16 does not appear to be proper on its face. The opposition claims this amount is related to attorney fees. However, this amount is not listed under Item 10 ('Attorney fees'). A claim for contractual attorney fees must be made via a motion seeking such fees.

California Rules of Court, Rule 3.1702(b). Even had Defendants utilized the proper procedure, there is no evidence supporting the claimed amount.

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3094147