On 01/24/2018 PATRICIA LOCKETT filed a Personal Injury - Other Personal Injury lawsuit against MALIBU CANYON. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is CHRISTOPHER K. LUI. The case status is Disposed - Judgment Entered.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
CHRISTOPHER K. LUI
DOES 1 TO 10
AIMCO MALIBU CANYON LLC
AIMCO MALIBU CANYON LLC
ROES 1 THROUGH 25
MAMANN DAVID ESQ.
LONG & DELIS
DELIS JOHN ALLEN
11/1/2019: Judgment - JUDGMENT BY COURT UNDER CODE OF CIVIL PROCEDURE SECTION 437C IN FAVOR OF DEFENDANT AIMCO MALIBU CANYON, LLC FOR SUMMARY JUDGMENT
11/18/2019: Order - Dismissal
11/18/2019: Minute Order - MINUTE ORDER (JURY TRIAL)
11/6/2019: Notice of Ruling
11/5/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE; DEFENDANT'S MOTION TO TAX COSTS)
10/3/2019: Minute Order - MINUTE ORDER (PLAINTIFF'S MOTION TO TAX COSTS)
9/4/2019: Motion to Tax Costs
7/29/2019: Notice of Ruling
7/19/2019: Objection - OBJECTION TO EVIDENCE
7/11/2019: Ex Parte Application - EX PARTE APPLICATION FOR ORDER CONTINUING HEARING DATE OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
7/11/2019: Minute Order - MINUTE ORDER (PLAINTIFF'S EX PARTE APPLICATION FOR ORDER CONTINUING HEARING...)
4/26/2019: Memorandum of Points & Authorities
4/26/2019: Motion for Summary Judgment
3/16/2018: CROSS-COMPLAINT FOR IMPLIED EQUITABLE INDEMNTTY, CONTRIBUTION, DECLARATORY RELIEF, AND EXPRESS CONTRACTUAL INDEMNITY
1/24/2018: CoverSheet -
1/24/2018: Complaint -
Docketat 08:30 AM in Department 4A, Christopher K. Lui, Presiding; Jury Trial - HeldRead MoreRead Less
DocketCertificate of Mailing for ((Jury Trial) of 11/18/2019); Filed by ClerkRead MoreRead Less
DocketOrder - Dismissal; Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Jury Trial)); Filed by ClerkRead MoreRead Less
Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Not Held - Taken Off Calendar by CourtRead MoreRead Less
DocketMinute Order ( (Final Status Conference)); Filed by ClerkRead MoreRead Less
DocketNotice of Ruling; Filed by AIMCO Malibu Canyon, LLC (Defendant)Read MoreRead Less
Docketat 10:00 AM in Department 4A, Christopher K. Lui, Presiding; Final Status Conference - Held - ContinuedRead MoreRead Less
Docketat 1:30 PM in Department 4A, Christopher K. Lui, Presiding; Hearing on Motion to Tax Costs - Held - Motion DeniedRead MoreRead Less
DocketNotice (of Entry of Judgment in This Action in Favor of Defendant Aimco Malibu Canyon, LLC and Against Plaintiffs); Filed by AIMCO Malibu Canyon, LLC (Defendant)Read MoreRead Less
DocketProof-Service/SummonsRead MoreRead Less
DocketCross-Complaint; Filed by AIMCO Malibu Canyon, LLC (Defendant)Read MoreRead Less
DocketAnswer; Filed by AIMCO Malibu Canyon, LLC (Defendant)Read MoreRead Less
DocketSummons; Filed by AIMCO Malibu Canyon, LLC (Defendant)Read MoreRead Less
DocketANSWER TO PLAINTIFFS COMPLAINTRead MoreRead Less
DocketCROSS-COMPLAINT FOR IMPLIED EQUITABLE INDEMNTTY, CONTRIBUTION, DECLARATORY RELIEF, AND EXPRESS CONTRACTUAL INDEMNITYRead MoreRead Less
DocketSUMMONS CROSS-COMPLAINTRead MoreRead Less
DocketSummons; Filed by nullRead MoreRead Less
DocketComplaintRead MoreRead Less
DocketComplaint; Filed by Patricia Lockett (Plaintiff); Steven Proctor (Plaintiff)Read MoreRead Less
Case Number: BC690197 Hearing Date: November 05, 2019 Dept: 4A
Motion for Order Striking and/or Taxing Memorandum of Costs
Having considered the moving and opposing papers, the Court rules as follows. No reply papers were filed.
On January 24, 2018, Plaintiffs Patricia Lockett and Steven Proctor (“Plaintiffs”) filed a complaint against Defendant Aimco Malibu Canyon, LLC (“Defendant”) for general negligence and premises liability arising from an incident where a large piece of the ceiling and water fell on top of Plaintiffs while they were taking a shower on February 18, 2016.
On March 16, 2018, Defendant filed a cross-complaint against Cross-Defendants Roes 1 through 25 for equitable indemnity, contribution, declaratory relief, and express contractual indemnity.
On July 26, 2019, the Court granted Defendant’s motion for summary judgment against Plaintiffs.
On August 15, 2019, Defendant filed the memorandum of costs.
On September 4, 2019, Plaintiffs filed a motion to strike or tax costs.
On October 3, 2019, the Court continued Plaintiffs’ motion to strike or tax costs to November 5, 2019 for Plaintiff to file a proof of service of its motion to strike or tax costs.
Trial is set for November 18, 2019.
Plaintiff asks the Court to strike a total of $2,940.47 in costs, specifically $2,749.57 listed as “Jury food or lodging” costs and $190.90 for electronic filing or service costs.
“A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of dismissal, or within 180 days after entry of judgment, whichever is first.” (Cal. Rules of Court, rule 3.1700, subd. (a)(1).)
“Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the costs memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” (Cal. Rules of Court, Rule 3.1700, subd. (b)(1).)
“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. This means that the prevailing party is entitled to all of his costs unless another statute provides otherwise. Absent such statutory authority, the court has no discretion to deny costs to the prevailing party.” (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code of Civ. Proc. § 1032, subd. (b) (“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding”).
Initial verification of a bill of costs is prima facie evidence of the reasonable necessity of the claimed costs, and there is no requirement that copies of bills, invoices, statements or other supporting documentation be attached to the bill of costs; however, if costs have been put in issue by a motion to tax costs, the burden shifts to the party claiming costs to establish reasonableness. (Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267.)
Plaintiffs have not filed a proof of service of its motion to strike or tax costs by October 7, 2019 pursuant to the Court’s October 3, 2019 order. However, Defendant has filed an opposition to the motion without arguing service was deficient. As such, the Court addresses the merits of Plaintiffs’ motion.
Plaintiffs argue the $2,749.57 sought in for jury food and lodging is unreasonable because there has been no jury trial. Plaintiff also argues the $190.90 is unreasonable because there were no invoices or worksheet filed showing what documents were filed in this action.
In opposition, Defendant has attached the original memorandum of costs as well as an attachment listing the deposition costs from custodians of records. Together, these attached documents show Defendant incurred $2,749.57 in costs for deposition-related expenses. Thus, this amount sought is reasonable.
Additionally, Defendant is not required to provide copies of invoices or worksheets detailing what documents were filed or the calculation of filing fees in this case. (See Jones, supra, 63 Cal.App.4th at p. 1267.) Thus, Defendant’s statement in the memorandum of costs that it has incurred $190.90 in filing fees is sufficient. Plaintiffs do not submit evidence showing otherwise.
The motion is DENIED.
Plaintiffs are ordered to give notice of this ruling.