On 07/11/2016 SIMON BENMOHA filed a Personal Injury - Motor Vehicle lawsuit against PAMELA ABELL. 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
DOES 1 TO 25
ABELL JOHN IV
BRISKIN BORIS ESQ.
GIBALEVICH DANIEL A. ESQ.
MARK R. WEINER & ASSOCIATES
12/26/2017: Minute Order
1/11/2018: Minute Order
3/2/2018: Minute Order
3/16/2018: DEFENDANTS TRIAL BRIEF
3/16/2018: Minute Order
3/19/2018: [PROPOSED] JOINT EXHIBIT LIST
3/19/2018: Minute Order
3/19/2018: ELECTION TO FORGO AFFIDAVIT (CCP SECTION 170.6)
3/19/2018: TRIAL TRANSFER ORDER
3/19/2018: [PROPOSED] JOINT TRIAL WITNESS LIST
3/19/2018: DEFENDANTS' EXHIBIT LIST
3/19/2018: TRIAL BRIEF
3/21/2018: STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTER
7/11/2016: COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
9/9/2016: ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JOHN B. ABELL IV AND PAMELA ABELL; DEMAND FOR TRIAL BY JURY
at 10:00 AM in Department 78; Non-Jury Trial - Held - Taken under SubmissionRead MoreRead Less
Minute order entered: 2018-03-21 00:00:00; Filed by ClerkRead MoreRead Less
Minute OrderRead MoreRead Less
STIPULATION AND ORDER TO USE CERTIFIED SHORTHAND REPORTERRead MoreRead Less
Stipulation and Order to use Certified Shorthand Reporter; Filed by Pamela Abell (Defendant)Read MoreRead Less
at 08:30 AM in Department 97; Non-Jury Trial (Court Trial - Short Cause; Transferred for Trial) -Read MoreRead Less
AMENDED JOINT EXHIBIT LISTRead MoreRead Less
Minute order entered: 2018-03-19 00:00:00; Filed by ClerkRead MoreRead Less
[PROPOSED] JOINT TRIAL WITNESS LISTRead MoreRead Less
Notice of Case Relocation Rescheduling; Filed by PlaintiffRead MoreRead Less
at 08:30 AM in Department 97; Final Status Conference (Final Status Conference; Continued by Court) -Read MoreRead Less
Minute order entered: 2017-12-26 00:00:00; Filed by ClerkRead MoreRead Less
Minute OrderRead MoreRead Less
CIVIL DEPOSITRead MoreRead Less
Receipt; Filed by Pamela Abell (Defendant); John IV Abell (Defendant)Read MoreRead Less
Answer; Filed by Pamela Abell (Defendant); John IV Abell (Defendant)Read MoreRead Less
ANSWER TO COMPLAINT ON BEHALF OF DEFENDANTS JOHN B. ABELL IV AND PAMELA ABELL; DEMAND FOR TRIAL BY JURYRead MoreRead Less
Complaint; Filed by Simon Benmoha (Plaintiff)Read MoreRead Less
SUMMONSRead MoreRead Less
COMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)Read MoreRead Less
Case Number: BC626546 Hearing Date: August 18, 2020 Dept: 78
PAMELA ABELL, et al.,
August 18, 2020
[TENTATIVE] RULING RE:
Defendants Pamela Abell and john Abell, Iv’s motion to amend judgment on bench trial
Defendants Pamela Abell and John Abell, IV’s Motion to Amend Judgment is GRANTED. Pamela Abell’s requested costs of $2,426.60 are to be entered on the judgment.
This is a motor vehicle personal injury case. The Complaint alleges as follows. Defendants Pamela Abell and John Abell, IV operated a vehicle in a negligent and reckless matter such that the vehicle collided with Plaintiff Simon Benmoha’s vehicle, causing bodily injuries and damages to the motor vehicle. (Compl. GN-1.)
Plaintiff filed the Complaint on July 11, 2016, alleging two causes of action:
On March 19, 2018, a bench trial took place.
On October 21, 2019, the Court entered judgment in favor of Defendant Pamela Abell and against Benmoha.
On October 30, 2019, Defendants filed a Memorandum of Costs.
On May 6, 2020, Defendants filed the instant Motion to Amend Judgment.
No Opposition has been filed.
MOTION TO AMEND JUDGMENT
On October 21, 2019, the Court entered judgment in favor of Defendant Pamela Abell and against Benmoha. The judgment held that Benmoha would take nothing from Abell and Abell would recover costs from Benmoha to be determined by the memorandum of costs.
On October 30, 2019, Defendants filed a timely Memorandum of Costs pursuant to California Rules of Court, Rule 3.1700, subdivision (a).
Defendant Pamela Abell (“Abell”) states that she was the prevailing party in this matter, that she timely filed and served her memorandum of costs, that Plaintiff did not file a motion challenging her costs, and that the clerk “should have added defendant’s costs to the judgment” but has not. (Motion at pp. 3-4.) Abell contends that she is entitled to have her costs entered on the judgment. (Motion at p. 4.)
California Rules of Court, Rule 3.1700, subdivision (b)(4) states: “After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.” (Cal. Rules of Court, Rule 3.1700(b)(4).)
The Court agrees with Abell. The judgment provides for costs to be determined by a Memorandum of Costs, Abell timely filed her Memorandum of Costs, and the Memorandum of Costs was unopposed by Plaintiff. A motion to strike or tax costs must be served and filed 15 days after service of the cost memorandum. (Cal. Rules of Court, Rule 3.1700(b)(1). The Memorandum of Costs in this case was filed and served on October 30, 2019, Abell filed a Proof of Service with the Memorandum, and Plaintiff did not file a motion to strike or tax costs by November 14, 2019. Accordingly, under Rule 3.1700(b)(4), the clerk should have immediately entered the requested costs on the judgment. Plaintiff has not filed an Opposition to this Motion. Accordingly, this Motion is unopposed.
After judgment, the court retains authority to correct clerical errors without temporal limitation. (Aspen Internat. Capital Corp. v. Marsch (1991) 235 Cal.App.3d 1199, 1206.) The inclusion of costs in a judgment is a “ministerial matter” that may be corrected after final judgment. (Miles Cal. Co. v. Hawkins (1959) 175 Cal.App.2d 162, 165 [“Obviously, if the clerk has the duty to include the costs, his act in doing so, or the act of the judge, if the clerk does not do so, in including costs is a ministerial matter and the failure of either to perform that ministerial statutory duty can be corrected as was done in this case though the judgment is final upon entry.”].)
Accordingly, the Motion to Amend Judgment is GRANTED. Abell’s requested costs of $2,426.60 are to be entered in the judgment.
DATED: August 18, 2020 ________________________________
Hon. Robert S. Draper
Judge of the Superior Court