Case Number: KC068455 Hearing Date: February 08, 2018 Dept: J

Re: Patterson Builders, etc. v. Martin Hsu, etc. (KC068455)

MOTION TO STRIKE COSTS

Moving Party: Plaintiff Patterson Builders

Respondent: No timely opposition filed (due 1/26/18)

POS: Moving OK

Plaintiff, a licensed general contractor, entered into a contract with Martin Hsu wherein it agreed to perform general contracting services in the remodeling of Hsu’s residential property located at 1423 N. Sunset Avenue in Azusa (“subject property”). Plaintiff alleges that Hsu has failed to pay it. The complaint, filed 5/19/16, asserts causes of action against Hsu for:

Breach of Written Contract

Breach of Oral Contract

Common Count for Work, Labor and Services Based on Reasonable Value

Account Stated

Open Book Account

On 8/31/17, the judgment was entered in favor of plaintiff. On 9/18/17, plaintiff filed its “Notice of Entry of Judgment” and served same via mail. On 9/18/17, plaintiff filed its Memorandum of Costs. On 9/26/17, Hsu filed and mail-served his Memorandum of Costs.

Plaintiff Patterson Builders (“plaintiff”) moves for an order striking Defendant Martin Hsu’s (“Hsu”) Memorandum of Costs in its entirety, on the basis that he is not the prevailing party and is not entitled to costs. The motion is not opposed.

On 8/9/17, the jury awarded plaintiff $36,000.00 on its common count for Work, Labor and Services Based on Reasonable Value in the amount of $36,000.00. It was the only monetary recovery awarded to any party in the matter.

“Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.” CCP § 1032(b). Pursuant to CCP § 1032(a)(4), a “prevailing party” “includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant.” Hsu, then, is not a prevailing party entitled to any costs. The motion is granted. Hsu’s Memorandum of Costs is stricken.