On 10/09/2015 JENNIFER LITTLE filed a Personal Injury - Motor Vehicle lawsuit against JONATHAN LOPEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
RUSSELL & LAZARUS
BILLINGTON CRAIG ESQ.
LAW OFFICES OF STEVEN D. LEVINE
1/11/2018: JOINT EXHIBIT LIST
1/11/2018: MOTION NO. 2: DEFENDANT'S MOTION IN LIMINE TO PROHIBIT PLAINTIFF FROM INTRODUCING EVIDENCE NOT DISCLOSED IN DISCOVERY, ETC
1/11/2018: MOTION NO. 3: MOTION IN LIMINE TO LIMIT EVIDENCE OF MEDICAL CHARGES TO THOSE PAID OR OWED AT TIME OF TRIAL; ETC
1/11/2018: JOINT STATEMENT OF THE CASE
1/11/2018: JOINT INSTRUCTIONS TO THE JURY
4/18/2018: Minute Order
10/25/2018: Minute Order
1/8/2016: PROOF OF SERVICE SUMMONS
1/29/2016: CIVIL DEPOSIT
1/29/2016: ANSWER TO COMPLAINT
2/7/2017: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
2/15/2017: NOTICE OF ORDER
4/13/2017: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PLAINTIFF TO ATTEND AND TESTIFY AT DEPOSITION; ETC.
4/27/2017: ORDER AND STIPULATION TO CONTINUE TRIAL, FSC [AND RELATED MOTION/DISCOVERY DATES] PERSONAL INJURY COURTS ONLY (CENTRAL DISTRICT)
7/13/2017: Minute Order
7/25/2017: Minute Order
9/13/2017: Minute Order
Notice of Change of Address or Other Contact Information; Filed by Jonathan Lopez (Defendant); Lopez. Javier (Defendant)Read MoreRead Less
at 08:30 AM in Department 4; Order to Show Cause Re: Dismissal (After Binding Arbitration) - Held - ContinuedRead MoreRead Less
Minute Order ((Order to Show Cause Re: Dismissal)); Filed by ClerkRead MoreRead Less
at 08:30 AM in Department 4; (OSC RE Dismissal; Matter continued) -Read MoreRead Less
Minute order entered: 2018-07-27 00:00:00; Filed by ClerkRead MoreRead Less
MINUTE ORDERRead MoreRead Less
at 08:30 AM in Department 4; (OSC RE Dismissal; Continued by Court) -Read MoreRead Less
Minute order entered: 2018-04-18 00:00:00; Filed by ClerkRead MoreRead Less
Minute OrderRead MoreRead Less
at 08:30 AM in Department 93; Jury Trial (Jury Trial; Off Calendar) -Read MoreRead Less
Demand for Jury Trial; Filed by Lopez. Javier (Defendant)Read MoreRead Less
DEMAND FOR JURYRead MoreRead Less
CIVIL DEPOSITRead MoreRead Less
PROOF OF SERVICE SUMMONSRead MoreRead Less
Proof-Service/SummonsRead MoreRead Less
PROOF OF SERVICE OF SUMMONSRead MoreRead Less
Proof of Service (not Summons and Complaint); Filed by Jennifer Little (Plaintiff)Read MoreRead Less
Complaint; Filed by Jennifer Little (Plaintiff)Read MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
SUMMONSRead MoreRead Less
Case Number: BC597325 Hearing Date: February 04, 2020 Dept: 28
Motion to Tax Costs
Having considered the moving, opposing, and reply papers, the Court rules as follows.
On October 9, 2015, Plaintiff Jennifer Little (“Plaintiff”) filed a complaint against Defendants Jonathan Lopez and Javier Lopez (“Defendants”). The complaint alleges motor vehicle negligence for an automobile collision that occurred on October 14, 2013.
On November 1, 2019, the Court entered judgment in favor of Plaintiff and against Defendants in the amount of $337,826.05 with 10% per annum from the date of entry of the judgment until paid subsequent to confirming an arbitration award on October 1, 2019.
On December 10, 2019, Plaintiff filed a memorandum of costs seeking $145,737.99 in costs.
On December 26, 2019, Defendants filed a motion to strike and/or tax costs.
Trial is set for May 26, 2019.
Defendants ask the Court to strike Plaintiff’s memorandum of costs.
Allocation of costs in arbitration proceedings is governed by the parties’ agreement or the rules governing the arbitration proceeding, not the California Code of Civil Procedure. Britz, Inc. v. Alfa-Laval Food & Dairy Co. (1995) 34 Cal.App.4th 1085, 1105, fn. 9. Here, the parties stipulated to submit “all disputes, claims or controversies to neutral binding arbitration at JAMS” and to “the applicable JAMS Arbitration Rules and Procedures.” Stipulation for Arbitration, Exhibit 6 to Plaintiff’s Opposition JAMS Arbitration Rules and Procedures, Section 24 (f ) and (g), Exhibit 7 to Plaintiff’s Opposition.
Costs incurred in judicial proceedings to enforce an arbitration award are recoverable by the prevailing party (Austin v. Allstate Ins. Co. (1993) 16 Cal.App.4th 1812, 1815-1816), but Plaintiff’s Cost Memorandum does not include any such costs (e.g., filing fees for a motion to enforce the arbitration award).
Defendants’ motion to tax costs is granted.
Defendants are ordered to give notice of this ruling.