Plaintiff’s Motions to Tax Costs re: (1) Irvine Property Management; and (2) Rebecca Foster
MOTION # 1:
Plaintiffs’ Motion to Tax costs claimed by Defendant Irvine Property Management Inc. is DENIED for the reasons stated below. Defendant to give notice.
The Court Exercises Discretion to Consider the Late-Filed Oppositions for Both Motions
A trial court has broad discretion to accept or reject late-filed papers. (Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.) Here, both Defendants’ opposition papers were filed one day late. However, defense counsel made an effort to ensure that Plaintiffs suffered no prejudice by arranging for personal delivery of the papers.
Under the circumstances, there is no prejudice shown, and the Court will consider the papers. (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 30.)
Category 1: Filing and motion fees
According to plaintiffs, there was no supporting documentation or evidence to substantiate the $480.55 in fi
Hearing Date
September 28, 2018
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Plaintiff’s Motions to Tax Costs re: (1) Irvine Property Management; and (2) Rebecca Foster
MOTION # 1:
Plaintiffs’ Motion to Tax costs claimed by Defendant Irvine Property Management Inc. is DENIED for the reasons stated below. Defendant to give notice.
The Court Exercises Discretion to Consider the Late-Filed Oppositions for Both Motions
A trial court has broad discretion to accept or reject late-filed papers. (Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 Cal.App.5th 252, 262.) Here, both Defendants’ opposition papers were filed one day late. However, defense counsel made an effort to ensure that Plaintiffs suffered no prejudice by arranging for personal delivery of the papers.
Under the circumstances, there is no prejudice shown, and the Court will consider the papers. (Mann v. Cracchiolo (1985) 38 Cal.3d 18, 30.)
Category 1: Filing and motion fees
According to plaintiffs, there was no supporting documentation or evidence to substantiate the $480.55 in fi