HUDACK VS LA CRESTA PROPERTY OWNERS

Plaintiff Hudack’s Motion to Tax Costs is DENIED.

Defendant Siggard and Defendant Rossell (collectively “Defendants”) filed the subject cost memorandum on April 12, 2019, which was served by mail on April 10, 2019. Plaintiff Hudack did not file the motion until May 9, 2019, more than 20 days after the costs memorandum was served. The motion is therefore untimely.

On the merits, Defendants seek $1,140 in filing and motion fees, which are specifically authorized under CCP § 1033.5(a)(1). Plaintiff Hudack disputes the recovery of the “first appearance fee”. The filing fee is charged by the Court and authorized under CCP § 1033.5(a)(1).

Plaintiff Hudack disputes the fees for filing the motion to set aside the default as not related to the anti-SLAPP motion. However, cost recovery is not limited to costs associated with tan anti- SLAPP motion. The prevailing party for purposes of recovering costs includes a “defendant in whose favor a dismissa........