Case No.: 16K14043    

Plaintiff Sharon Saevitzon's Motion to Tax Costs is GRANTED.

The Court SUSTAINS the evidentiary objections with the exception of objections 7 and 17, which are overruled.

The Court GRANTS Defendant’s request for Judicial Notice.


Plaintiff voluntarily dismissed her Complaint. Defendant filed a Memorandum of Costs in which he seeks, among other things, attorneys' fees in the amount of $5,729.90. Defendant is required to file a noticed motion if he seeks to recover attorneys' fees.

Civil Code, §1717(b)(2) states:

Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section.

As the Court explained in Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc. (2007) 158 Cal.App.4th 479, 485:

Section 1717 governs the award of attorney fees in “any........