Judge: Randall J. Sherman, Case: 2022-01242639, Date: 2022-08-26 Tentative Ruling

Plaintiff Velocity Commercial Capital, LLC’s Motion to Strike or Tax the Memorandum of Costs Filed by Defendant Premier Liberty Development, LLC is granted in part and denied in part.  Defendant Premier is entitled to costs of suit in the amount of $627.92.

The parties do not dispute Premier’s entitlement to costs as a result of Velocity’s voluntary dismissal of this case.  Premier has amended the total amount of its request from $10,097.61 to $7,946.35, and concedes that $7,318.43 were incurred in the 2018 action and that those costs are more appropriately determined in that case.  Thus, since the bulk of the costs in Premier’s Memorandum of Costs were not “necessarily incurred” in this case, even if this case was a continuation of the 2018 case for purposes of CCP §170.6, the court strikes $9,469.69 from Premier’s Memorandum of Costs and awards Premier $627.92 in costs.

Plaintiff is ordered to give notice of the ruling unless notice is waived.