Judge: Olivia Rosales, Case: 21NWCV00474, Date: 2022-10-25 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 21NWCV00474    Hearing Date: October 25, 2022    Dept: SEC

HEYNINGEN v. TOBAR

CASE NO.:  21NWCV00474

HEARING:   10/25/22 @ 9:30 AM

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TENTATIVE RULING

Defendant Tobar’s unopposed motion to strike or tax costs is GRANTED.

Moving Party to give NOTICE.

Defendant Tobar moves to strike or tax costs pursuant to CRC § 3.1700(b).

Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.  (CCP § 1032(b).)

The losing party may dispute any or all of the items in the prevailing party’s memorandum of costs by a motion to strike or tax costs.  (CRC 3.1700(b).)  If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary.  (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-774.)  On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs.  (Ibid.)  

On January 20, 2022, Defendant Tobar’s demurrer was sustained with 30 days leave to amend.

On February 17, 2022, Plaintiff dismissed the action.

Defendant is therefore the prevailing party.  Accordingly, the motion to strike costs in its entirety is GRANTED.