Judge: Loren G. Freestone, Case: 37-2019-00049524-CU-FR-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 30, 2023

12/01/2023  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Fraud Demurrer / Motion to Strike 37-2019-00049524-CU-FR-CTL BAUER VS OSBERG [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiffs John Bauer, Tonie Bauer, and Mark Veeder's motion to strike costs is DENIED.

Plaintiffs argue that the memorandum of costs should be stricken as premature because judgment has not yet been entered.

A memorandum of costs must be filed and served within 15 days after service of notice of entry of judgment, or within 180 days after judgment, whichever is first. (Cal. Rules of Court, rule 3.1700(a)(1).) However, 'time limitations pertaining to a memorandum of costs are not jurisdictional, and the premature filing of a memorandum of costs is treated as a mere irregularity at best that does not constitute reversible error absent a showing of prejudice. Rather, courts treat prematurely filed cost bills as being timely filed.' (Haley v. Casa Del Rey Homeowners Assn. (2007) 153 Cal.App.4th 863, 880.) Plaintiffs have not identified any prejudice based on the timing of the memorandum of costs. The motion to strike is therefore denied.

Defendant Sharon Lee Osberg is directed to submit a proposed judgment within 10 days. The proposed judgment should include (1) the $71,074.69 in previously awarded attorney's fees against Veeder, and (2) the $6,320.77 in costs claimed in the memorandum against all Plaintiffs, jointly and severally.

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