Judge: Mark H. Epstein, Case: SC072745, Date: 2024-01-22 Tentative Ruling

Case Number: SC072745    Hearing Date: January 22, 2024    Dept: I

The court is prepared to DENY the motion to tax costs so long as plaintiff can provide the court with a conformed copy of the judgment.  To the extent defendant is right and a judgment was never actually entered, it is unclear that the non-judgment can be enforced.  If the judgment was lost, then an appropriate declaration from an appropriate official will suffice.  But if there is no judgment and no real proof that there ever was, then the motion would have to be GRANTED.  Plaintiff will be given 45 days to provide the court with a conformed copy of the judgment or an appropriate declaration to establish that a judgment was actually entered.

The other arguments defendant makes are without merit.  It is too late in the day for defendant to complain about an unfairness in the trial.  Defendant could have brought a proper motion in a timely fashion, but the court is not now going to entertain criticisms of a trial that took place 20 years ago.