Judge: Randall J. Sherman, Case: 2017-00920272, Date: 2022-08-19 Tentative Ruling

Plaintiff Premier Liberty Development, LLC’s Motion to Strike Defendant Velocity Commercial Capital, LLC’s Memorandum of Costs is granted in part and denied in part.  The court concludes that defendant Velocity Commercial Capital, LLC is entitled to costs of suit, but only in the amount of $8,993.43.


CCP §1032(b) mandates, “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(a)(4) defines “prevailing party” to include a defendant in whose favor a dismissal is entered.  Plaintiff provides no statutory or case authority that would entitle this court to disregard the statutory language.  Plaintiff filed a Request for Dismissal of defendant Velocity, Velocity refused to waive costs, and thus Velocity is entitled to costs as a matter of right.


However, a review of the documents Velocity filed in support of its claimed costs reveals no supporting invoice for the deposition cost of Phu Dang in the amount of $216.02, and support for only $176.75 of the claimed $219.00 in electronic filing fees, a difference of $42.25.  In addition, plaintiff asserts without contradiction that the deposition of Du Pham, which cost $399.20, was taken as part of the 2018 action between the parties, not this action.  As a result, the court strikes $657.47 from the Memorandum of Costs, and awards Velocity $8,993.43 in costs.


Plaintiff is ordered to give notice of the ruling.