****7463
01/19/2017
Other
Personal Injury - Other Personal Injury
Los Angeles, California
ELIZABETH ALLEN WHITE
LAURA A. SEIGLE
TARIN DOLORES
ENCINAS ERIK
LIND ROCHELLE
TARIN DOLORES
TARIN JESSE
ASSET RECOVERY GROUP
LAW OFFICES OF MARK D. LICKER
MCCOY TIMOTHY J.
WALTERS CORSON LAWANNA
MCGIVERN DIANNE M.
LEGAL SUPPORT NETWORK LLC
FREIHUBE RAIMUND ESQ.
LICKER MARK D.
12/23/2021: Assignment of Judgment
6/3/2022: Acknowledgment of Satisfaction of Judgment
2/19/2021: Motion to Amend Judgment
12/14/2018: Judgment
4/25/2022: Notice of Rejection - Post Judgment
4/25/2022: Notice of Rejection - Post Judgment
1/21/2022: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
1/21/2022: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
3/26/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO AMEND JUDGMENT)
7/6/2020: Memorandum of Costs on Appeal - MEMORANDUM OF COSTS AFTER JUDGMENT, ACKNOWLEDGMENT OF CREDIT, AND DECLARATION OF ACCRUED INTEREST
6/11/2020: Appeal - Remittitur - Affirmed - APPEAL - REMITTITUR - AFFIRMED B295708
7/1/2019: Notice of Change of Address or Other Contact Information
9/3/2019: Notice of Change of Address or Other Contact Information
1/26/2018: SUBSTITUTION OF ATTORNEY -
2/20/2018: DEFENDANT ROCHELLE LIND'S NOTICE OF MOTION AND MOTION FOR JUDGMENT ON THE PLEADINGS; ETC.
2/20/2018: DEFENDANT JESSE TARIN'S NOTICE OF MOTION AND MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS; ETC.
2/27/2018: ORDER GRANTING DEFENDANT JESSE TARIN'S EX PARTE APPLICATION TO ADVANCE HEARING ON MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS AND TO CONSOLIDATE IT WITH CO-DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEA
2/27/2018: Minute Order -
DocketAcknowledgment of Satisfaction of Judgment; Filed by: Asset Recovery Group (Assignee); As to: Erik Encinas (Plaintiff); Dolores Tarin (Plaintiff); Type: Full Satisfaction
[-] Read LessDocketNotice of Rejection - Post Judgment; Filed by: Clerk
[-] Read LessDocketNotice of Rejection - Post Judgment; Filed by: Clerk
[-] Read LessDocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Erik Encinas (Plaintiff); Dolores Tarin (Plaintiff); Interest: 3,338.54
[-] Read LessDocketWrit of Execution (Los Angeles); Issued by: Clerk; County: Los Angeles
[-] Read LessDocketUpdated -- Assignment of Judgment: As To Parties changed from Rochelle Lind (Defendant) to Jesse Tarin (Defendant), Rochelle Lind (Defendant)
[-] Read LessDocketAssignment of Judgment; Filed by: Asset Recovery Group (Assignee); As to: Rochelle Lind (Defendant)
[-] Read LessDocketUpdated -- Motion to Amend Judgment: Filed By: Rochelle Lind (Defendant); Result: Denied; Result Date: 03/26/2021
[-] Read LessDocketMinute Order (Hearing on Motion to Amend Judgment)
[-] Read LessDocketHearing on Motion to Amend Judgment scheduled for 03/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 48 updated: Result Date to 03/26/2021; Result Type to Held - Motion Denied
[-] Read LessDocketDocument:Motion to Strike Filed by: Attorney for Defendant/Respondent
[-] Read LessDocketDocument:Affidavit of Prejudice--Peremptory Filed by: Attorney for Defendant/Respondent
[-] Read LessDocketDocument:Substitution of Attorney Filed by: Attorney for Plaintiff/Petitioner
[-] Read LessDocketDocument:Substitution of Attorney Filed by: Attorney for Plaintiff/Petitioner
[-] Read LessDocketDocument:Motion to be Relieved as Counsel Filed by: Attorney for Plaintiff/Petitioner
[-] Read LessDocketDocument:Declaration Filed by: Attorney for Plaintiff/Petitioner
[-] Read LessDocketDocument:Notice-Case Management Conference Filed by: Clerk
[-] Read LessDocketDocument:Proof-Service/Summons Filed by: Attorney for Plaintiff/Petitioner
[-] Read LessDocketCase Filed/Opened:Other Intentional Tort-notPI/WD/PD
[-] Read LessDocketDocument:Complaint Filed by: N/A
[-] Read LessCase Number: ****7463 Hearing Date: March 26, 2021 Dept: 48
[TENTATIVE] ORDER RE: MOTION TO AMEND JUDGMENT
On December 14, 2018, the Court entered judgment in favor of Defendants Jesse Tarin and Rochelle Lind (collectively, “Defendants”) and against Plaintiff Dolores Tarin (“Plaintiff”), awarding them their costs. Following Defendants’ memorandum of costs and Plaintiff’s motion to tax costs, the Court awarded Defendants prejudgment costs of $11,572.44.
On appeal, the Court of Appeal affirmed and awarded Defendants their costs on appeal. Remittitur issued on June 11, 2020. Defendants served a memorandum of costs on appeal on June 15, 2020, seeking costs of $2,039.97. Plaintiff did not file and serve a motion to tax costs, so Defendants were entitled to their costs as of June 30, 2020. (See California Rules of Court, rules 3.1700(b)(1), 8.278(c)(2).)
On February 19, 2021, Defendants filed this motion to amend judgment. Defendants request that the Court modify the December 14, 2018 judgment to include Defendants’ costs on appeal. According to Defendants, the expense involved in perfecting and enforcing a separate judgment for the additional costs on appeal would make collection unfeasible.
An award of costs on appeal is already “enforceable as a money judgment.” (Cal. Rules of Court, rule 8.278(c)(3). “[T]he award of costs on appeal, when properly allowed in the trial court, represents an independent judgment, enforceable by any available means. ‘It is a complete judgment in itself that finds its origin in the order of an appellate [court] or the Supreme Court affirming or reversing a judgment of a lower court. The right to such judgment comes into being when the order of the reviewing court becomes final. The judgment itself is created when the successful party files his cost bill and his costs are taxed.’ [Citations.]” (Rostack Investments, Inc. v. Sabella (2019) 32 Cal.App.5th 70, 78.) “ ‘These costs, however, are not added to the trial court judgment, but constitute a separate judgment.’ [Citation.]” (Id. at pp. 78-79.)
Therefore, costs on appeal in the amount of $2,039.97 are GRANTED. This order is separately enforceable as an independent judgment. Therefore, the motion to amend the judgment is DENIED.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.