I won an motion for summary judgment years ago in a case and got the case dismissed in my favor. I was entitled to my costs, which included a ton of costs incurred in connection
with a number of depositions around the country.
I want to enforce this judgment, but first need to correct a problem created by the LA Superior Court when they failed to record my costs award onto the judgment. May involve nunc pro tunc..not sure?
When you say "years ago", how long ago was it? Why did you wait so long?
California Rules of Court, Rule 3.1700(a)(1) provides:
"A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case."
Did you submit a Memorandum of Costs when you sent in your proposed Judgment? A prevailing party who neglects to timely file a Memorandum of Costs cannot obtain relief pursuant to California Code of Civil Procedure §473(b). The failure to timely file a Memorandum of Costs is jurisdictional.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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