Judge: Nathan Vu, Case: 30-2017-00938484, Date: 2022-10-24 Tentative Ruling

Please Note: The hearing on this matter has been changed to 8:30 A.M.

Motion to Tax Costs

Plaintiff/Cross-Defendant Martha Torres’ Motion to Tax Costs is GRANTED.

Defendants/Cross-Complainants Timothy Smith’s and Civic Financial Services’ Memoranda of Costs are STRICKEN with leave to refile after the judgment has been entered.

Plaintiff/Cross-Defendant Martha Torres moves to tax the Memoranda of Costs served by Defendants/Cross-Complainants Timothy Smith and Civic Financial Services, LLC.

Pursuant to Rule of Court Rule 3.1700, “[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 section 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.)

It is undisputed that a judgment has yet to be entered in this matter. Thus, the Memoranda of Costs filed by Defendants Smith and Civic are premature.

While Plaintiff Torres styled her motion as one to tax costs, it is in fact a motion to strike costs and the court will treat it as such.

The court issued its ruling on 09/28/2022 that judgment be entered, so entry of judgment is imminent. The court will therefore grant Defendants Smith and Civic leave to refile their Memoranda of Costs once judgment is entered.

Plaintiff shall give notice of this ruling.