Judge: Jon R. Takasugi, Case: BC700148, Date: 2022-10-26 Tentative Ruling

Case Number: BC700148    Hearing Date: October 26, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            The Daniels’ motion to tax costs is MOOT.    

On March 1, 2017, American Technologies, Inc. (ATI) initiated this action against Carolyn Lowd Daniels and Bleaker Daniels. The complaint is for 1) breach of contract; 2) common count; 3) violation of civil code § 8800; and 4) foreclosure of mechanic lien. 

On November 17, 2017, Cross-Complainants the Daniels filed a Cross-Complaint. On January 26, 2018, Cross-Complainants filed a First Amended Cross-Complaint against ATI, Clinton Monfort, Jehovany Berraza, TBG Construction Company, Tiara Imperial Homeowners Association, U.S.A.A. Insurance, and Mercury Insurance Group. 

            Now, the Daniels move to tax costs claimed by Clinton Monfort.

Discussion

            As noted by Monfort in opposition, this motion is identical to the Daniels’ opposition to Monfort’s motion to recover costs. As such, the Court has already had the opportunity to consider the merits of the Daniels’ arguments as to whether or not Monfort may recover specific claimed costs. On 10/17/2022, the Court determined that the costs claimed were properly recoverable, and granted Monfort’s motion to recover costs.

            Based on the foregoing, the Daniels’ motion to tax costs is moot.    

It is so ordered.

Dated:  October    , 2022

   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. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.