Motion to Strike or Tax Costs
9 Navarro vs. American Honda Motor Co.
2021-01205671 Motion to Strike or Tax Costs
The court admonishes all counsel that before filing motions, counsel should weigh the time and expense in bringing a motion against the issues of the proposed motion. Meaningful meet and confer efforts may resolve the issue(s) of the motion and reduce costs and attorney’s fees.
Defendant American Honda Motor Co., Inc.’s motion to strike/tax costs is GRANTED IN PART, as follows.
Plaintiff Osvaldo Navarro’s memorandum of costs filed on 1/29/26 is hereby taxed in the total amount of $75 only, consisting of the $75 fee to “Court Appearance Professionals” for an attorney to make a special appearance at the 1/17/25 OSC hearing on behalf of plaintiff’s counsel. (See Code Civ. Proc., § 1033.5, subd. (c)(5)(A); Cal. Rules of Court, rule 3.1702 [noticed motion required where court must make prevailing party determination or fix the amount of fees/determine a “reasonable” fee]; see also ROA No. 99–Costs Memo. [see att. 15 & invoice No. S-INV159415]; ROA No. 81 [1/17/25 minute order, noting appearance by attorney Eric Alizade, “specially appearing” for plaintiff’s counsel].) Plaintiff may seek this fee via a duly noticed motion for attorney fees.
The court finds all of the other costs at issue were reasonably incurred in the prosecution of the action, namely, to file a joint stipulation agreed to by the parties, and to seek and file notices of continuances of an OSC hearing granted by the court. (See Civ. Code, § 1794, subd. (d); see also id., § 1033.5, subd. (a)(1), (14).)
Order to Show Cause re: Dismissal on Settled Case continued October 9, 2026 at 8:30 a.m. in Department C44.
Defendant shall give notice.
10 Niknafs vs. Gitibin
2025-01506015 Demurrer to Amended Complaint
Defendants Kavous Gitibin and Cindy Gitibin’s demurrer to plaintiff Nicholas Niknafs’ Second Amended Complaint [SAC] is OVERRULED. (
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The SAC is not uncertain (Code Civ. Proc., § 430.10, subd. (f)), as sufficient facts are alleged to place moving defendants on notice of the nature of plaintiff’s claims. (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695 [demurrers for