Judge: Robert P. Dahlquist, Case: 37-2017-00024673-CU-CR-NC, Date: 2023-12-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - December 21, 2023

12/22/2023  01:30:00 PM  N-29 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Robert P Dahlquist

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Civil - Unlimited  Civil Rights Motion Hearing (Civil) 37-2017-00024673-CU-CR-NC MARTINEZ VS. SAN DIEGO COUNTY CREDIT UNION [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs, 11/06/2023

Plaintiff Alejandro Martinez's motion to tax costs (ROA # 356) is denied.

This motion pertains to defendant's memorandum of costs, filed Oct. 16, 2023. (ROA # 354) The memorandum of costs seeks costs in the amount of $23,105.28.

After careful review of the arguments, evidence and authorities presented by both parties, the court finds that defendant is entitled to recover costs as the prevailing party in the amount of $21,863.38, as follows: Item 1: $692.95 (filing fees) Item 2: $191.40 (jury fees) Item 3: $0 Item 4: $2,630.25 (deposition costs) Item 5: $865.61 (service of process) Item 6: $0 Item 7: $0 Item 8: $0 Item 9: $0 Item 10: $0 Item 11: $11,039.44 (court reporter fees) Item 12: $0 Item 13: $0 Item 14: $1,655.25 (fees for electronic filing or service) Item 15: $0 Item 16: $4,788.48 (CourtCall fees, chambers copies and costs previously awarded) Total: $21,863.38 The costs associated with CourtCall and providing courtesy copies of pleadings ($1,348.25) were erroneously listed as 'attachment expenses' in the memorandum of costs. These costs should have been identified as 'other.' The 'other' category includes $3,440.23 from the minute order of 4/19/19. These costs should not be included twice in the judgment.

The court finds that the above costs (1) were incurred; (2) were reasonably necessary to the conduct of the litigation; and (3) are reasonable in amount.

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3049105 CASE NUMBER: CASE TITLE:  MARTINEZ VS. SAN DIEGO COUNTY CREDIT UNION [IMAGED]  37-2017-00024673-CU-CR-NC The court invites defendant to submit a proposed amended judgment that includes all awarded costs.

This minute order constitutes the court's order. No party is required to submit a proposed order after hearing.

This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Friday, December 22, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 22, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

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3049105