Judge: Richard S. Whitney, Case: 37-2019-00058554-CU-BT-CTL, Date: 2024-05-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - May 16, 2024

05/17/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Business Tort Motion Hearing (Civil) 37-2019-00058554-CU-BT-CTL BANKSTON VS GENERATION NEXT FRANCHISE BRANDS INC [EFILE] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: PLAINTIFFS' MOTION TO STRIKE OR TAX COSTS is GRANTED.

Plaintiffs seek to tax Defendant Donna Aucoin, Trustee of The Angemnic Qualified Personal Residence Trust dated April 17, 2018's (the 'QPRT') ('Defendant'), costs.

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. 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.

(Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.) 'An award of costs shall be subject to the following: ... (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount.' (Code Civ. Proc., § 1033.5(c)(2)-(3).) 'Once costs claimed in the memorandum are challenged via a motion to tax, '[d]ocumentation must be submitted' to sustain the burden.'' (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1265 [Citation omitted.) Failure to file opposition to the motion indicates Defendant's acquiescence that the motion is meritorious.

(L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Defendant fails to address any of the five reasons Plaintiffs assert justify taxing and/or striking the costs. The unopposed motion is granted.

Calendar No.: Event ID:  TENTATIVE RULINGS

3078589  67