Defendant’s Motion for Award of Attorney Fees.
On August 26, 2019 plaintiff Mountain View Mobile Manor, an alleged unincorporated entity (See Complaint, paragraph 2.a.(3).), filed an unlawful detainer complaint against defendant. The complaint was premised upon a seven day notice to perform or quit. (Complaint, paragraph 7.a.(6).) On October 25, 2019 defendant filed a motion in limine to exclude evidence of the seven day notice to comply with rules and regulations on the ground that defendant complied with the notice within 24 hours of service, leaving no ground to terminate defendant’s tenancy. On November 13, 2019 the action was dismissed without prejudice upon request of plaintiff.
A proof of service declares that on December 19, 2019 defendant filed and served on plaintiff’s counsel a memorandum of costs seeking recovery of $180 in costs for filing and motion fees. There is no motion to strike or tax costs in the court’s file. “Any notice of motion to strike or to tax costs must be