Judge: Robert C. Longstreth, Case: 37-2022-00016832-CL-OR-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 21, 2024

03/22/2024  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert Longstreth

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Civil - Limited  Other Real Property Motion Hearing (Civil) 37-2022-00016832-CL-OR-CTL IZADPANAH VS BAILEY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 10/12/2023

Plaintiffs' Motion to Tax Costs (ROA 52) is DENIED.

Plaintiffs first seek to strike Defendants' entire memorandum of costs because the court signed the Judgment while leaving the line for an award of costs blank. Plaintiffs' request to strike the entire memo is denied. This argument is meritless. It is common practice for the amount of costs to be left blank for 'future determination' on a judgment. (Nazemi v. Tseng (1992) 5 Cal.App.4th 1633, 1637.) Defendant is entitled to request costs as the prevailing party after the judgment as entered in accordance with statute and as specifically provided for by the applicable Rule of Court. (Code Civ. Proc. § 1032(b); Cal. R. Court 3.1700(a)(1).) Plaintiffs' request to tax item number 11 is denied. Court reporter fees are allowable as costs. (Code Civ. Proc. § 1033.5(a)(11).) Plaintiffs have not met their initial burden as the objecting parties to demonstrate these costs are not reasonable or necessary. In any event, Defendant substantiated these costs in her opposition. (Hill Decl. at Exh. A.) Plaintiffs' argument that the court reporter's in-person fee should be stricken is meritless. The court reporter was required to appear in person; the court is prohibited by law from allowing remote court reporting of any court proceeding. (Govt. Code § 69959.) Plaintiffs' request to tax item number 14 is denied. Fees for electronic filing and service are allowable as costs. (Code Civ. Proc. § 1033.5(a)(14).) Again, Plaintiffs did not meet their initial burden to demonstrate these costs are not reasonable or necessary, and regardless, Defendant substantiated these costs in her opposition, and Plaintiff does not coherently challenge this showing in her reply. (Hill Decl. at Exh. B.) Defendant Theodora Bailey is awarded costs as requested in the amount of $2,443.75. The court clerk is to interlineate this amount on the Judgment.

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