Judge: Lisa R. Jaskol, Case: 21STCV44632, Date: 2024-05-22 Tentative Ruling

Case Number: 21STCV44632    Hearing Date: May 22, 2024    Dept: 28

On November 29, 2022, Plaintiff Sven Peter Klimaschka (“Plaintiff”) filed this action against Defendants Emily Mesta Escalante (“Escalante”), Rudy Mesta (“Mesta”), and Does 1-100 for motor vehicle negligence, negligent entrustment, and negligence per se. 

On January 19, 2023, Escalante and Mesta (“Defendants”) filed an answer. On November 8, 2023, Defendants filed an answer.  On November 8, 2023, Defendants filed an amended answer. 

On March 19, 2024, The Court granted the Defendants' motion for summary judgment. On April 9, 2024, the Court entered judgment. 

On April 22, 2024, Defendants served a memorandum of costs.  On April 25, 2024, Defendants filed a motion for an award of expert witness expenses as costs under Code of Civil Procedure section 998. 

On April 29, 2024, Plaintiff filed a notice of appeal. 

On April 29, 2024, Plaintiff filed a motion to tax costs to be heard on May 22, 2024. On May 9, 2024, Defendants filed an opposition. 

On May 20, 2024, Defendants filed a stipulation, which counsel for Plaintiff and Defendants signed, stating: (1) Defendants will waive costs of suit against Plaintiff, (2) Plaintiff waives any and all rights to appeal or move to set aside the judgment entered in Defendants' favor, (3) Plaintiff consents to the Court dismissing the notice of appeal, (4) Defendants withdraw the motion to recover costs under Code of Civil Procedure section 998 and agree the hearing on the motion to tax costs is moot since costs have been waived. 

Based on the May 20, 2024 stipulation, the Court takes the hearing on the motion to tax costs off calendar as moot.  This Court has no authority to dismiss the notice of appeal.