Judge: Robert B. Broadbelt, Case: 22STCV02611, Date: 2023-10-25 Tentative Ruling
Case Number: 22STCV02611 Hearing Date: April 10, 2024 Dept: 53
Superior Court of California
County of Los Angeles – Central District
Department
53
|
vs. |
Case
No.: |
22STCV02611 |
|
|
|
|
|
Hearing
Date: |
April
10, 2024 |
|
|
|
|
|
|
Time: |
|
|
|
|
|
|
|
Order
RE: defendant’s motion to strike costs or, in
the alternative, to tax costs |
||
MOVING PARTY: Defendant and cross-complainant
1544 9th Street, LLC
RESPONDING PARTY: Cross-defendant Pacific Coast Elevator Corporation, d/b/a
Amtech Elevator Services
Motion to Strike Costs or, in the Alternative, to Tax Costs
The court
considered the moving, opposition, and reply papers filed in connection with
this motion.
DISCUSSION
On February 26, 2024, cross-defendant Pacific Coast Elevator
Corporation, d/b/a Amtech Elevator Services (“Amtech”) filed a Memorandum of
Costs, requesting an award of costs in the amount of $13,390.06.
On March 8, 2024, defendant and cross-complainant Howard Management
Group (“Howard”) filed its motion to tax Amtech’s memorandum of costs,
scheduled for hearing on December 11, 2024.
On March 12, 2024, defendant and cross-complainant 1544 9th Street,
LLC (“1544 9th Street”) filed its motion to strike or, alternatively, tax the costs
claimed by Amtech, scheduled for hearing on April 10, 2024.
After the two motions to strike or tax costs were filed, the parties
(1) filed, on March 19, 2024, a “Joint Stipulation to Advance Hearing Date for
Defendant Howard Management Group’s Motion to Strike or Tax Costs,” stating
that the parties (i) stipulated to advancing the hearing on Howard’s motion to
strike to April 10, 2024, to be heard with 1544 9th Street’s motion to strike
or tax costs and (ii) agreed “that in the interests of judicial efficiency it
would be best to have both motions heard at the same time since they both
attack the same Amtech costs memorandum[,]” and (2) lodged, on March 21, a
proposed order on the parties’ joint stipulation. (Mar. 19, 2024 Joint Stip., pp. 1:20-27,
2:17-19.) However, the court did not
enter an order advancing the hearing on Howard’s motion pursuant to the
parties’ stipulation, and the parties did not file an ex parte application
requesting that the hearing on Howard’s motion be advanced.
The court finds that it is appropriate, and exercises its discretion,
to rule on both motions to strike or tax Amtech’s memorandum of costs at the
same time. The court therefore exercises
its discretion (1) to continue the hearing on 1544 9th Street’s motion to
strike or tax costs to May 2, 2024, and (2) to advance the hearing on Howard’s
motion to tax costs to May 2, 2024.
ORDER
The court orders that the hearing on
1544 9th Street, LLC’s motion to strike costs or, in the alternative, to tax
costs is continued from April 10, 2024 to May 2, 2024, at 10:00 a.m., in
Department 53.
The court orders that the hearing on
Howard Management Group’s motion to tax costs is advanced from December 11,
2024, to May 2, 2024, at 10:00 a.m., in Department 53.
The court orders Howard Management
Group to give notice of this ruling.
IT IS SO ORDERED.
DATED:
_____________________________
Robert
B. Broadbelt III
Judge
of the Superior Court