Plaintiffs’ Motion to Tax Costs (filed on 12-6-18) is GRANTED in part and DENIED in part as set forth below.
California Rules of Court, rule 3.1700(b)(1), states in part, “Any notice of motion to strike or tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” Douglas v. Willis (Douglas) (1994) 27 Cal.App.4th 287, 288, held, “We affirm the trial court’s order denying Code of Civil Procedure section 473 . . . relief for plaintiffs’ failure to timely file a motion to tax costs.” “The ‘failure to file a motion to tax costs constitutes a waiver of the right to object. [Citations.]’ [Citation.]” (Id., at pp. 289-290.)
Here, Defendant served, by mail, the Memorandum of Costs on 11-13-18. Plaintiffs had 20 days to file their Motion to Tax Costs. (Cal. Rules of Court, rule 3.1700(b)(1) and Code of Civil Procedure section 1013, subdivision (a). The tw
Hearing Date
August 13, 2019
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Plaintiffs’ Motion to Tax Costs (filed on 12-6-18) is GRANTED in part and DENIED in part as set forth below.
California Rules of Court, rule 3.1700(b)(1), states in part, “Any notice of motion to strike or tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013.” Douglas v. Willis (Douglas) (1994) 27 Cal.App.4th 287, 288, held, “We affirm the trial court’s order denying Code of Civil Procedure section 473 . . . relief for plaintiffs’ failure to timely file a motion to tax costs.” “The ‘failure to file a motion to tax costs constitutes a waiver of the right to object. [Citations.]’ [Citation.]” (Id., at pp. 289-290.)
Here, Defendant served, by mail, the Memorandum of Costs on 11-13-18. Plaintiffs had 20 days to file their Motion to Tax Costs. (Cal. Rules of Court, rule 3.1700(b)(1) and Code of Civil Procedure section 1013, subdivision (a). The tw