Judge: Stephen P. Pfahler, Case: PC058369, Date: 2023-09-27 Tentative Ruling

Case Number: PC058369    Hearing Date: September 27, 2023    Dept: F49

Dept. F-49

Date: 9-27-23

Case #PC058369

Trial Date: N/A

TAX COSTS

MOVING PARTY: Plaintiff, Dewelt, LLC

RESPONDING PARTY: Unopposed/Defendants, Road Runner Land & Homes, LLC

RELIEF REQUESTED

Motion to Tax Costs

SUMMARY OF ACTION

On February 14, 2023, the Court of Appel reversed the default judgment and postjudgment order conveying title to real property from Road Runner to Dewelt, and remanded the case. Road Runner was awarded costs on appeal. Remittitur was filed on April 20, 2023. On June 23, 2023, Department 47 accepted the 170.6 peremptory challenge filed by defendants, and the action was assigned to Department 49.

Meanwhile, on May 26, 2023, Dorene Robinson, in pro per, filed a memorandum of costs on behalf of Road Runner Land & Homes, LLC listing $1,022.04 in costs and seeking $20,000 in attorney fees.

RULING: Granted.

Plaintiff Dewelt, LLC moves to tax the May 26, 2023, filed memorandum of costs filed by Dorene Robinson, in pro per, on behalf of Road Runner Land & Homes, LLC listing $1,022.04 in costs and $20,000 in attorney fees. Plaintiff moves to tax on grounds that a party in pro per cannot recover fees and costs on behalf of a corporate entity.

The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff. Plaintiff filed a notice of non-opposition as well.

California Rule of Court, Rule 8.278 allows for a motion to tax costs to be filed in the same manner as a challenge under California Rules of Court, rule 3.1700. (Cal. Rules Ct., rule 8.278(c)(2).) The memorandum of costs was filed on May 26, 2023; the instant motion filed on June 2, 2023. The motion is timely. The appellate court only awarded costs, no attorney fees, but a prevailing party may still seek attorney fees as an item of costs. (Cal. Rules Ct., rule 8.278(d)(2).) The court docket shows no motion to recover attorney fees filed.

The Court of Appeal only awarded the recovery of fees and costs to Road Runner Land & Homes, LLC. Road Runner Land & Homes, LLC, as a corporate entity may not may not appear in this action without counsel. (Merco Constr. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731.) Dorene Robinson, a party appearing in pro per may not appear on behalf of Road Runner Land & Homes, LLC.

The motion to tax is granted.

Plaintiff to give notice.