Defendant’s motion to strike or tax costs is DENIED.
This action involved various real estate transactions in which plaintiff was represented by a real estate broker, defendant Arshi. Plaintiff was unable to obtain financing to purchase property located in Cloverdale so Arshi purchased the property with the plan to sell it to plaintiff. Plaintiff was subsequently able to obtain a loan and purchase the property from Arshi, but the lender conditioned the transaction on Arshi carrying a loan in the amount of $72,500. The promissory note for Arshi’s loan to plaintiff, among other things, was a main issue in this case. After a court trial, judgment was entered in plaintiff’s favor. Plaintiff filed a costs memo and Arshi now moves to strike or tax costs.
Per CCP §1032(a)(4), a prevailing party includes the party with a net monetary recovery.
Here, the court finds plaintiff was the prevailing party. In this action a main issue submitted to the court for determination was the amount owed on a
Hearing Date
February 22, 2019
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Defendant’s motion to strike or tax costs is DENIED.
This action involved various real estate transactions in which plaintiff was represented by a real estate broker, defendant Arshi. Plaintiff was unable to obtain financing to purchase property located in Cloverdale so Arshi purchased the property with the plan to sell it to plaintiff. Plaintiff was subsequently able to obtain a loan and purchase the property from Arshi, but the lender conditioned the transaction on Arshi carrying a loan in the amount of $72,500. The promissory note for Arshi’s loan to plaintiff, among other things, was a main issue in this case. After a court trial, judgment was entered in plaintiff’s favor. Plaintiff filed a costs memo and Arshi now moves to strike or tax costs.
Per CCP §1032(a)(4), a prevailing party includes the party with a net monetary recovery.
Here, the court finds plaintiff was the prevailing party. In this action a main issue submitted to the court for determination was the amount owed on a