Case Number: BC594206 Hearing Date: April 06, 2018 Dept: 47

Mildred Mae Mendoza, et al. v. County of Los Angeles, et al.

MOTION TO STRIKE AND/OR TAX COSTS

MOVING PARTY: Plaintiffs Mildred Mae Mendoza

RESPONDING PARTY(S): Defendants County of Los Angeles and Anselmo Gonzalez

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Decedent Frank Mendoza, Sr. was accidentally shot by a Sheriff’s Deputy when he exited his home into which an escaped parolee had entered after exchanging gunfire with Sheriff’s Deputies.

Plaintiff Mildred Mae Mendoza moves to strike and/or tax Defendants’ costs.

TENTATIVE RULING:

Plaintiffs Mildred Mae Mendoza’s motion to strike or tax costs is DENIED.

DISCUSSION:

Motion To Strike /Tax Costs

Plaintiff Mildred Mae Mendoza moves to strike and/or tax Defendants’ costs on the ground that Defendants failed to itemize its cost bill with a worksheet.

Attached as Exhibit A to the Opposition is a Worksheet, with supporting invoices attached as Exhibits B – D. While the Court will permit Plaintiff additional time to prepare a reply to the opposition if necessary, it appears that the costs sought are recoverable by Defendants as the prevailing party against Plaintiff Mildred Mae Mendoza. “The voluntary dismissal of an action by one of several plaintiffs creates liability for costs, even though the balance of the action proceeds to trial. (Spreckels v. Spreckels (1916) 172 Cal. 789, 790 [158 P. 543].)” Catello v. I.T.T. General Controls (1984) 152 Cal.App.3d 1009, 1014.

The tentative ruling is to DENY the motion to strike or tax costs.

Moving Party to give notice, unless waived.

IT IS SO ORDERED.

Dated: April 6, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court