Judge: Nathan Vu, Case: 2020-01163170, Date: 2022-09-26 Tentative Ruling

Motion to Tax Costs

Defendants David S. Sikorski’s and Sikorski Construction, LLC’s motion to strike the memorandum of costs filed by Plaintiff Elana Grant is GRANTED.

Plaintiff Elana Grant’s memorandum of costs is STRICKEN without prejudice.

Defendants David S. Sikorski and Sikorski Construction, LLC move to tax or strike the memorandum of costs filed by Plaintiff Elana Grant. 

Rules of Court Rule 3.1700(a)(1) provides:

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first.

(Rules of Ct. R. 3.1700, subd. (a)(1).)

The court’s minute order dated 06/27/2022 states that, “Counsel for the plaintiff in each of these cases is directed to prepare and submit a judgment consistent with the foregoing.”

Defendants are correct that no judgment has been approved or entered in this action. Thus, Plaintiff’s memorandum of costs should be stricken without prejudice because it is premature. (See Boonyarit v. Payless Shoesource, Inc. (2006) 145 Cal.App.4th 1188, 1192-1193 [reversing costs award where no order or judgment of dismissal had been entered, and defendant failed to secure entry by filing a proposed judgment with memorandum of costs].)

The court declines to rule at this time whether Plaintiff has made a sufficient showing that she is the prevailing party. (See Civil Proc. Code, § 1032(a)(4); Texas Commerce Bank v. Garamendi (1994) 28 Cal.App.4th 1234, 1248-1249 [holding that costs are discretionary where parties prevail on declaratory relief claims without recovering damages].)

Defendants shall give notice of this ruling.