PLT Teri Harvey 1. Motion - Other (For an order staying enforcement of the amended judgement) 2. Motion to Tax Costs
CCP § 473 Motion
The court grants Plaintiff Teri Harvey Motion for Relief from failure to timely file her Motion to Strike or Tax Costs. The Judgment and Amended Judgment are hereby vacated.
It appears that the moving papers were inadvertently not initially filed, but they were properly served. The Motion is fully briefed. However, the court assigned a new hearing date of 10/22/20 for the 473 Motion, which is duplicative and mooted by this ruling. Thus, the court vacates the 10/22/20 hearing date in this case.
Merits
Relief may be available under Code Civ. Proc., § 473 for failure to file a motion to tax costs within the statutory time limit. [Freeman v. Goldberg (1961) 55 Cal. 2d 622; see also Lane v. Pacific Greyhound Lines (1947) 30 Cal. 2d 914 (noting no distinction between relief from default in filing memorandum of costs and motion to tax costs); see also Douglas v
Hearing Date
July 30, 2020
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PLT Teri Harvey 1. Motion - Other (For an order staying enforcement of the amended judgement) 2. Motion to Tax Costs
CCP § 473 Motion
The court grants Plaintiff Teri Harvey Motion for Relief from failure to timely file her Motion to Strike or Tax Costs. The Judgment and Amended Judgment are hereby vacated.
It appears that the moving papers were inadvertently not initially filed, but they were properly served. The Motion is fully briefed. However, the court assigned a new hearing date of 10/22/20 for the 473 Motion, which is duplicative and mooted by this ruling. Thus, the court vacates the 10/22/20 hearing date in this case.
Merits
Relief may be available under Code Civ. Proc., § 473 for failure to file a motion to tax costs within the statutory time limit. [Freeman v. Goldberg (1961) 55 Cal. 2d 622; see also Lane v. Pacific Greyhound Lines (1947) 30 Cal. 2d 914 (noting no distinction between relief from default in filing memorandum of costs and motion to tax costs); see also Douglas v