Judge: Shirley K. Watkins, Case: LC106414, Date: 2022-08-30 Tentative Ruling

Case Number: LC106414    Hearing Date: August 30, 2022    Dept: T

            [TENTATIVE] ORDER:  Plaintiffs Ephram Nehme and Odette Nehme’s, individually and as Trustees of the Nehme Family Trust dated July 1, 1995, Motion to Strike Costs is DENIED.

Introduction

Plaintiffs Ephram Nehme and Odette Nehme’s (Plaintiffs,) individually and as Trustees of the Nehme Family Trust dated July 1, 1995, move to strike Defendant Brad Barbeau’s (Defendant) memorandum of costs. 

            Discussion[1] 

            Plaintiffs assert that Defendant is not the prevailing party and not entitled to costs.  Plaintiffs admit to voluntarily dismissing the instant action.  The Court file reflects Plaintiffs’ filing of a voluntary dismissal on June 27, 2022.  Per Code of Civil Procedure section 1032, a dismissed defendant is defined as a prevailing party.  Under the statute, Defendant is the prevailing party.  Plaintiffs argue that they were required to dismiss the action due to Defendant’s action in frustrating the proposed settlement.  However, Plaintiffs fail to present any legal authority to support their contention that the determination of the prevailing party requires a review of Defendant’s conduct during settlement negotiations.  Without any legal authority to support their contention, Plaintiffs’ argument is unsupported.  Plaintiffs had the right to pursue the case to its conclusion, had it wanted to do so.  It elected, instead, to dismiss.

            The motion to strike costs is DENIED.