Judge: Mark E. Windham, Case: 22STLC00458, Date: 2023-02-06 Tentative Ruling

Case Number: 22STLC00458    Hearing Date: February 6, 2023    Dept: 26

Pegasus Investments Real Estate Advisory, Inc. v. ADP TotalSource, Inc., et al.

MOTION TO TAX COSTS

(CRC Rule 3.1700)

TENTATIVE RULING FOR BOTH MOTIONS:

Plaintiff Pegasus Investments Real Estate Advisory, Inc.’s Motion for Attorney’s Fees is PLACED OFF CALENDAR.

Defendant ADP TotalSource, Inc.’s Motion to Tax Costs is PLACED OFF CALENDAR.

ANALYSIS:

On January 24, 2022, Plaintiff Pegasus Investments Real Estate Advisory, Inc. (“Plaintiff”) filed this action against Defendant ADP TotalSource, Inc. (“Defendant”). Plaintiff attempted to file an Amended Complaint on July 22, 2022, which purported to include an entity named “Pegasus Asset Management, Inc.” as a plaintiff. Defendant filed the Answer to the First Amended Complaint on August 22, 2022.

On September 26, 2022, Defendant filed two Statutory Offers to Compromise Pursuant to Code of Civil Procedure section 998. One Statutory Offer pertained to a compromise reached with Plaintiff, but the filing of which was rejected. The other Statutory Offer pertained to a compromise reached “Pegasus Asset Management, Inc.” which was still not a party to this action. The Statutory Offers to Compromise were then re-filed on October 6, 2022. At that time, the Offer pertaining to “Pegasus Asset Management, Inc.” was rejected.

Plaintiff filed a Memorandum of Costs on September 27, 2022. Defendant filed the instant Motion to Tax Costs on October 14, 2022. Plaintiff filed its opposition on October 20, 2022.

Plaintiff filed the instant Motion for Attorney’s Fees on October 14, 2022, Defendant filed an opposition on January 24, 2023 and Plaintiff relied on January 27, 2023.

Defendant’s Motion to Tax Costs initially came for hearing on February 1, 2023. The Court’s tentative ruling ordered counsel of record for both parties to appear for the hearing but Plaintiff’s counsel did not appear. (Minute Order, 02/01/23.) The Court’s ruling explained in detail the problems with the Statutory Offers to Compromise that were filed earlier and continued the hearing on the Motion to Tax Costs to be heard concurrently with Plaintiff’s Motion for Attorney’s Fees on February 6, 2023. (Ibid.) The hearing was continued to allow the parties to address the defects identified in the ruling. (Ibid.)

On February 1, 2023, Plaintiff again sought to file an Amended Complaint adding “Pegasus Asset Management, Inc.” without obtaining leaving of Court, as required by Code of Civil Procedure sections 472 and 473, subdivision (a)(1). Nor was any first appearance paid for “Pegasus Asset Management, Inc.” As before, the Amended Complaint was received by the Court but not filed.

Discussion

As the Court earlier pointed out, Plaintiff is prematurely seeking an award of costs and attorney’s fees before any judgment has been entered in this action. (See Minute Order, 02/01/23.) Likewise, Defendant’s Motion to Tax Costs is premature without a judgment in this action.

Conclusion

Plaintiff Pegasus Investments Real Estate Advisory, Inc.’s Motion for Attorney’s Fees is PLACED OFF CALENDAR.

Defendant ADP TotalSource, Inc.’s Motion to Tax Costs is PLACED OFF CALENDAR.

Court clerk to give notice.