Case Number: BC531436    Hearing Date: September 12, 2014    Dept: 58

JUDGE ROLF TREU
DEPARTMENT 58
________________________________________
Hearing Date: Friday, September 12, 2014
Calendar No: 12
Case Name: Bustillos v. World Unity International Property Management, Inc., et al.
Case No.: BC531436
Motion: Motion to Strike/Tax Costs
Moving Party: Plaintiff Frederico Bustillos
Responding Party: Defendants World Unity International Property Management, Inc.; World Unity International LLC; Prime West Management and Real Estate Investments, Inc.; Vernon Partners LLC; 9055 Orion Partners LLC; 3828 Grand Avenue LLC and 7501 Central Avenue LLC
Notice: OK

Tentative Ruling: Motion to strike/tax costs is denied.

Background –
On 12/23/13, Plaintiff Frederico Bustillos filed this action against Defendants World Unity International Property Management, Inc.; World Unity International, LLC; Prime West Management and Real Estate Investments, Inc.; Vernon Partners LLC; 9055 Orion Partners LLC; 3828 Grand Avenue LLC; and 7501 Central Avenue LLC arising out of his employment and termination. The Complaint asserted causes of action for (1) FEHA disability discrimination; (2) FEHA failure to provide reasonable accommodation; (3) FEHA failure to engage in interactive process; (4) FEHA retaliation; (5) violations of Government Code § 12940(i); (6) violations of Labor Code §§ 226.8 and 2753; (7) violations of Labor Code §§ 510, 1194 and 1198; (8) violations of Labor Code § 226; (9) violations of Labor Code § 201; (10) violations of Business & Professions Code §17200, et seq. (11) civil penalties pursuant to Labor Code § 2698; (12) wrongful termination in violation of public policy; (13) Intentional infliction of emotional distress.

On 4/14/14, Defendants filed a demurrer. On 5/5/14, Plaintiff voluntarily dismissed all defendants (“Dismissed Defendants”) except World Unity International Property Management, Inc. (“World Unity”) with prejudice. On 6/6/14, the Court entered judgment in favor of the Dismissed Defendants. On 7/18/14, the Court sustained World Unity’s demurrer as to the 4th, 5th, and 13th COAS with leave to amend: Plaintiff failed to file an amended complaint and World Unity filed an answer on 8/14/14. Trial is set for 1/5/15; FSC for 12/18/14.

Motion to Strike/Tax Costs –
Dismissed Defendants filed a memorandum of costs seeking their first appearance fees totaling $2,610: the Court notes that these appearance fees were paid to the Court.

Plaintiff objects to these costs based on his lack of understanding of the relationship among Defendants, Plaintiff’s decision to name the Dismissed Defendants to preserve the statute of limitations, and the failure of counsel for the Dismissed Defendants to meet and confer with Plaintiff’s counsel about the inclusion of the Dismissed Defendants.

Plaintiff’s motion is not well-taken because Plaintiff fails to cite to any authorities that permits the consideration of the issues raised by Plaintiff in determining the propriety of the claimed costs. The only law cited by Plaintiff concerns treating defendants as one when they present a unified defense. See Webber v. Inland Empire Investments (1999) 74 Cal.App.4th 884, 920. However, this principle does not apply because it is irrelevant to whether each Dismissed Defendant was required to pay a first appearance fee. Plaintiff does not address this and the Court’s fee schedule states that an appearance fee is required for the answer of other first paper filed by each party. Dismissed Defendants were voluntarily dismissed with prejudice: therefore, they are prevailing parties entitled to costs (CCP § 1032(a)(4), (b)). Therefore, the motion to strike/tax costs is denied.