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    Dec 11, 2018Judge David G. Brown, San Diego County, CA

    Plaintiff Erick Gonzalez' motion to tax costs is denied. On November 6, 2017, defendant Chris Hartjen dba The Vapor Trail served plaintiff with a CCP § 998 offer for $450,000. The offer was not accepted. On October 17, 2018, this Court entered judgment after jury trial in favor of defendant. On October 26, 2018, defendant filed a costs memo seeking to recover $112,486.74 in costs. As the prevailing party, defendant is entitled to recover reasonable costs. If the items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety

    • Dec 11, 2018

      Plaintiff's motion for judgment notwithstanding the verdict: Plaintiff Erick Gonzalez' Motion Judgment Notwithstanding the Verdict is denied. The Court sustains defendant Chris Hartjen dba The Vapor Trail's evidentiary objection to the new evidence submitted with the reply papers. See San Diego Watercrafts, Inc. v. Wells Fargo Bank, NA (2002) 102 Cal.App.4th 308. In essence, a motion for judgment notwithstanding the verdict "... is a challenge to the sufficiency of the evidence to support the jury's verdict ..." Stubblefield Construction Co. v. City of San Bernardino (1995) 32 Cal.App.4t


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