Judge: Jon R. Takasugi, Case: BC691142, Date: 2024-02-26 Tentative Ruling

Case Number: BC691142    Hearing Date: February 26, 2024    Dept: 17

­­­­Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiffs’ motion to tax costs is DENIED.

On 1/24/2018, Wayne Brent by and though his surviving spouse and successor in interest Najila K. Brent and Najila K. Brent individually filed this action asserting 30 causes of action. On 10/10/2022, Plaintiffs filed an SAC, alleging: (1) wrongful death; (2) gross negligence (3) hospital negligence; (4) professional negligence; (5) medical negligence; (6) medical battery; (7) breach of fiduciary duty; (8) fraud; (9) intentional infliction of emotional distress; (10) negligent infliction of emotional distress; (11) survival action; (12) elder abuse; (13) public entity’s liability; and (14) civil conspiracy to commit fraud, deceit, and conceal.

            On 12/27/2023, Plaintiffs moved to tax the costs of Aspen Skilled Healthcare, Inc., Arizona & 21^st Corp., and Berkley West Convalescent Hospital, Inc.

Discussion

            Plaintiffs argue that Defendants’ memorandum of costs is untimely, and that they are not the prevailing party. Plaintiff also argues that the following costs should be taxed:

-         Filing Fees: Item; 1 (a-g) and Attachment 1 g (1-15 and Attachment 5d (1-10): $5,432. 50.

-         Items 3, 6, 12 Attachment 1 g: $1,305

-         Item; 5 (a,b,c) and Attachment 5 d: $ 528.00.

-         Court Reporters Fees: $1,350.00.

-         Item 1 (d,e, f) and Attachment 1g (2-14): (See Motion: 8: 10-24)

-         Item; 5 (a-c) and attachment 5-d: $528.00.

-         Item 12c: $1,350.00.

As to the first contention of untimeliness, the prevailing party must “serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment.” (Rule of Court 3.1700.)

Plaintiffs assert the “clerk filed and served by certified mail the notice of entry of judgment of dismissal on Defendant through Their Counsel on November 13, 2023.” (Plaintiffs’ Notice of Motion to Strike Memorandum of Costs, 2:19-21.)[1] As such, they argue Defendant’s Memorandum of Costs is untimely.

However, the Notice of Entry of Judgment was electronically filed on November 20, 2023. (Notice of Entry of Judgment or Order.)   Because of this, fifteen days beyond November 20, 2023 was December 5, 2023. Defendant timely served the Memorandum of Costs on December 5, 2023.

As for the second contention, the Court ordered that Plaintiffs’ SAC is dismissed as to Defendants and that judgment is entered on behalf of Defendants and against Plaintiffs. (Notice of Entry of Judgment or Order) Therefore, Defendants are the prevailing parties entitled as a matter of right to recover costs in this action. As the prevailing party, Defendants are entitled to costs set forth in CCP section 1033.5 .

After review of Defendants’ supporting documentation and argument, the Court finds all of Defendants claimed costs of $5,432.50 to be corroborated, and to have been reasonably incurred.

Based on the foregoing, Plaintiffs’ motion to tax costs is denied.

It is so ordered.

Dated:  February    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.