Judge: John C. Gastelum, Case: 18-01020236, Date: 2022-07-28 Tentative Ruling
Motion to Tax Costs
Tentative Ruling: The Motion to Tax Costs filed by Plaintiff, EnVus Motorsports, Inc. as to Item 16, Arbitration Costs for Prevailing Party in the sum of $33,119.60 from costs sought by Defendant Brian Truong Nguyen in the Memorandum of Costs filed on September 3, 2021, is GRANTED, in part and DENIED, in part.
The Court DENIES the Motion to the extent it seeks to strike the entirety of Defendant’s Amended Memorandum. Plaintiff has cited no authority in support of such request, and the Amended Memorandum is not a pleading subject to Code of Civil Procedure sections 435 and 436.
Item 16 – Other “Arbitration Costs for Prevailing Party”
Costs are allowable if incurred, whether or not paid. (Code Civ. Proc., § 1033.5(c)(1).)
Here, the arbitration was cancelled. (Declaration of Brett K. Wiseman, ¶ 2.) The invoice from AAA provided as Exhibit 3 shows that all charges were cancelled except a charge for $884 for “Arbitrator’s Compensation for Additional Preliminary Matters,” a $325 charge for “Arbitrator’s Compensation Deposit for Preliminary Matters,” a $192.50 “Additional Party Fee for Filing Fee,” and a $1,925 “Initial Administrative Fee.” (Id., Ex. 3.) The total amount of charges that were not cancelled is $3,326.50. Thus, the Court GRANTS the Motion to Tax Item 16 concerning Arbitration Costs in the amount of $29,793.10.
Plaintiff to give notice.