Hrair Messerlian v. Service Employees International Union, Local 1000
Motion to Tax Costs
Motion type
Parties
Ruling
(46) Tentative Ruling
Re: Hrair Messerlian v. Service Employees International Union, Local 1000 Superior Court Case No. 24CECG02860
Hearing Date: August 19, 2026 (Dept. 403)
Motion: by Plaintiff to Tax Costs
Tentative Ruling:
To deny.
Explanation:
The Motion is Untimely
“Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedure section 1013. If the cost memorandum was served electronically, the period is extended [by two court days] as provided in Code of Civil Procedure section 1010.6(a)(3).” (Cal. Rules of Court, rule 3.1700(b)(1), emphasis added.) The parties may agree to extend the time for filing, but this agreement must be confirmed in writing, specify the extended date for service, and be filed with the clerk. (Id., rule 3.1700(b)(3).)
Plaintiff failed to file the motion to tax costs within 15 days and the two additional court days for electronic service of the cost memorandum. No agreement between the parties extending the time to file was filed with the court. The court intends to deny the motion on this procedural basis.
Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Procedure section 1019.5, subdivision (a), no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the court and service by the clerk will constitute notice of the order.
Tentative Ruling
Issued By: SMC on August 18, 2026. (Judge’s initials) (Date)
12
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