Judge: John C. Gastelum, Case: 16-0880719, Date: 2022-11-29 Tentative Ruling

Motion to Tax Costs

Tentative Ruling:  Defendant/Cross-Complainant Pamela Lau’s Motion to Tax Costs is granted.

Only a “prevailing party” is entitled as a matter of right to recover costs of suit in any action or proceeding. (Code Civ. Proc., § 1032(b).) “’Prevailing party’ includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. If any party recovers other than monetary relief and in situations other than as specified, the “prevailing party” shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed, may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.” (Code Civ. Proc., § 1032(a)(4).)

Plaintiff/Cross-Defendant Jaimie Davis’s Complaint was dismissed for failure to bring the matter to trial within five years, and Lau subsequently voluntarily dismissed her cross-complaint. (ROA 1958, 1963). Thus, as between Davis and Lau, the prevailing party under Code of Civil Procedure section 1032(a)(4) would be Lau because “neither plaintiff not defendant obtain[ed] any relief” in this action. (Cussler v. Crusader Entertainment (2012) 212 Cal.App.4th 356, 371; McLarand, Vasquez & Partners, Inc. v. Downey Savings & Loan Assn. (1991) 231 Cal.App.3d 1450, 1452). As such, Davis is not entitled to costs.

Given the above, the costs sought by way of Davis’s Memorandum of Costs filed 6-27-22 (ROA 1989) are denied as against Defendant/Cross-Complainant Pamela Lau.