Judge: Teresa A. Beaudet, Case: 20STCV20353, Date: 2025-02-26 Tentative Ruling

Case Number: 20STCV20353    Hearing Date: February 26, 2025    Dept: 50

Superior Court of California

County of Los Angeles

Department 50

Background

Plaintiff Frank Lee (“Plaintiff”) filed this action on May 28, 2020 against Defendant Paramount Unified School District (“Defendant”). The Complaint alleges causes of action for

(1) discrimination on the basis of race; (2) retaliation in violation of FEHA; (3) failure to prevent discrimination and retaliation; and (4) disability discrimination.

            On March 22, 2023, a Memorandum of Costs was filed in this matter.

            Plaintiff now moves for an order “to strike the entire Memorandum of Costs filed by Defendant, Paramount Unified School District.” Defendant filed a “non-opposition” to the motion.  

            Discussion

As set forth above, Plaintiff moves for an order “to strike the entire Memorandum of Costs filed by Defendant, Paramount Unified School District.” (Mot. at p. 2:4-5.) As an initial matter, in his declaration in support of Defendant’s “non-opposition to the motion,” Defendant’s counsel indicates that “[a]fter meeting and conferring, and agreeing to withdraw Defendant’s memorandum of costs, on April 25, 2024, my office filed a Notice of Withdrawal of Memorandum of Costs.” (Williams Decl., ¶ 2.) Defendant’s counsel states that “[o]ur office served Plaintiff with the Notice of Withdrawal of Memorandum of Costs that same April 25, 2024.” (Williams Decl., ¶ 3.) Defendant’s April 25, 2024 “Notice of Withdrawal of Memorandum of Costs” indicates that Defendant “withdraws its Memorandum of Cost against plaintiff, Frank Lee and/or his counsel.” (Notice of Withdrawal at p. 1:21.)

Defendant asserts that accordingly, Plaintiff’s instant motion is moot. Plaintiff did not file any reply in support of the motion, and thus does not dispute that the motion is moot.

Conclusion

In light of the foregoing, Plaintiff’s motion to strike is denied as moot.  

Defendant is ordered to provide notice of this ruling. 

DATED:  February 26, 2025                          ________________________________

Hon. Teresa A. Beaudet

Judge, Los Angeles Superior Court