Judge: Robert P. Dahlquist, Case: 37-2021-00053621-CU-PO-NC, Date: 2023-08-08 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
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SOUTH BUILDING TENTATIVE RULINGS - August 07, 2023
08/08/2023 01:30:00 PM N-29 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Robert P Dahlquist
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Civil - Unlimited PI/PD/WD - Other Motion Hearing (Civil) 37-2021-00053621-CU-PO-NC ROSHANKOOHI VS DENNIS [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 06/20/2023
Plaintiff Salimeh Roshankoohi's motion to strike or tax costs (ROA # 75) is denied.
On December 23, 2021, plaintiff filed a complaint for damages (negligence) against defendant Tammi Dennis. ROA #1.
On May 9, 2023, a jury was empaneled. Defendant moved for nonsuit following the conclusion of plaintiff's presentation of the evidence. ROA # 67. The court heard argument on the motion for nonsuit on May 9 and May 10, and ultimately granted the motion on May 10, 2023. Id. On June 7, 2023, judgment was entered. ROA # 73.
On June 12, 2023, defendant filed a memorandum of costs seeking to recover costs in the amount of $3,466.32. ROA # 72.
After careful review of the arguments, evidence and authorities presented by both parties, the court finds that the memorandum of costs was timely filed and served (see Van Beurden Ins. Servs. Inc. v. Customized Worldwide Weather Ins. Agency Inc. (1997) 15 Cal.4th 51, 64 [in order to qualify as an entry of judgment, the clerk's notice must affirmatively state that it was given upon order of the court or under Section 664.5]). In this case, the notice served by the clerk on May 10, 2023 did not contain those terms and instead only related to the Order Granting Nonsuit. ROA # 70. As such, the time to file the memorandum of costs did not begin to run until the entry of judgment on June 7, 2023. ROA # 73.
The court further finds that the opposition to the current motion was timely filed and served. See CCP ยง 1010.6(a)(3)(A) [electronic service is deemed complete 'at the time of the electronic transmission of the document...']. In this case, the opposition was electronically served on July 24, 2023. ROA # 79, p. 5.
Thus, the opposition was timely filed and served.
The court finds that defendant Tammi Dennis is entitled to recover costs totaling $3,466.32, as follows (the court has re-categorized certain of the claimed costs to align more appropriately with the categories on Judicial Council form MC-010): Item 1: $585 (filing fees) Item 2: $116.27 (jury fees) Item 3: $0 Item 4: $1,278.85 (deposition costs) Calendar No.: Event ID: TENTATIVE RULINGS
3003113 CASE NUMBER: CASE TITLE: ROSHANKOOHI VS DENNIS [IMAGED] 37-2021-00053621-CU-PO-NC Item 5: $103.55 (service of process) Item 6: $0 Item 7: $0 Item 8: $0 Item 9: $0 Item 10: $0 Item 11: $0 Item 12: $0 Item 13: $0 Item 14: $168.90 (electronic filing or service fees) Item 15: $0 Item 16: $1,213.75 (other (mediation fee ($250) and travel costs ($963.75)) The court invites defendant's counsel to submit a proposed amended judgment which would include the amount of costs awarded to defendant.
This is the tentative ruling for an appearance hearing (in person or remote) at 1:30 p.m. on Tuesday, August 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the Court as of August 8, 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.
Calendar No.: Event ID: TENTATIVE RULINGS
3003113