Judge: John J. Kralik, Case: 23BBCV02185, Date: 2024-11-15 Tentative Ruling
Case Number: 23BBCV02185 Hearing Date: November 15, 2024 Dept: NCB
North
Central District
|
tania guzman, Plaintiff, v. shlomi asiss, Defendant. |
Case
No.: 23BBCV02185 Hearing Date: November 15, 2024 [TENTATIVE]
order RE: motion FOR SUMMARY JUDGMENT AND REQUEST TO SET HEARING TO DETERMINE AMOUNT OF PREVAILING-PARTY ATTORNEYS’
FEES AND COSTS UNDER CIV. CODE § 1942.4 |
On August 26,
2024, Defendant Shlomi Asiss (“Defendant”) filed the instant motion for summary
judgment and request to set a hearing to determine attorneys’ fees and costs.
However, on
October 29, 2024, Plaintiff Tania Guzman dismissed the Defendant with prejudice,
rendering the motion moot.
Therefore, the
motion is denied as moot. To the extent Defendant still seeks to recover
attorney’s fees and costs as the prevailing party under Plaintiff’s sixth cause
of action for violation of Civil Code section 1942.4, Defendant should file a timely
noticed motion for attorney’s fees and memorandum of costs. (See Cal. Rules of
Court, rule 3.1702(b)(1) [“A notice of motion to claim attorney’s fees for
services up to and including the rendition of judgment in the trial
court--including attorney's fees on an appeal before the rendition of judgment
in the trial court--must be served and filed within the time for filing a
notice of appeal …”]; Cal. Rules of Court, rule 3.1700(a)(1) [“A prevailing
party who claims costs must serve and file a memorandum of costs within 15 days
after the date of service of the notice of entry of judgment or dismissal by
the clerk under Code of Civil Procedure section 664.5 or the date of service of
written notice of entry of judgment or dismissal, or within 180 days after
entry of judgment, whichever is first”].)
Defendant shall provide
notice of this order.
DATED:
November 15, 2024 ___________________________
John
J. Kralik
Judge
of the Superior Court