Nguyen v. Vietship Cargo, Inc.

Defendants Vietship Cargo, Inc. and Tai Duc Ta’s unopposed motion for relief from failure to timely file memorandum of costs is GRANTED.

The failure to timely file and serve a cost bill may result in waiver of costs. (Hydratec, Inc. v. Sun Valley 260 Orchard & Vineyard Co. (1990) 223 Cal.App.3d 924, 929.) However, the trial court has discretionary power to grant relief under Code of Civil Procedure section 473, subdivision (b) for “inadvertence” or “excusable neglect.” (Jones v. John Crane, Inc. (2005) 132 Cal.App.4th 990, 1012; Russell v. Trans Pacific Group (1993) 19 Cal.App.4th 1717, 1728.) The Court finds Defendants produced sufficient evidence showing relief is warranted. (Declaration of David K. Tran ¶¶ 3, 6, 7.)

The Court notes that Defendants filed the memorandum of costs concurrently with the filing of this motion. (ROA 93. 97.) Plaintiff shall have 15 days after service of this ruling to file a motion to strike or tax costs in accordance with California Rules of Court, rule 3.1700

Defendants to give notice of this ruling.