Defendant's Motion for Leave of Court to File Memorandum of Costs
Stanislaus County - Civil - https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/civil-tentati ve-rulings Civil Tentative Rulings June 10, 2026 The following are the tentative rulings for cases calendared before Judge John R. Mayne in Department 21: CV-24-009680 - GIBSON, ANWAR vs GUTIERREZ, RUBEN - Defendant's Motion for Leave of Court to File Memorandum of Costs - GRANTED and unopposed. Civ. Proc. Code Sec. 1032 (a)(4) defines a "Prevailing party" to include "a defendant in whose favor a dismissal is entered."
Sec. 1032 (b) states that unless expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. For purposes of the statute awarding the prevailing party in litigation its costs, a defendant against whom the plaintiff does not recover any relief is a prevailing defendant.”(Carver v. Chevron U.S.A., Inc. (2002), 97 Cal.App.4th 132, modified on denial of rehearing.) The right to recover costs of suit is statutory, and prevailing parties in civil litigation are guaranteed awards of the costs expended in the litigation. (Rozanova v.
Uribe, (2021) 68 Cal. App. 5th 392, rehearing denied, review denied.) (See also Yolo Land & Water Def. v. Cnty. of Yolo, 105 Cal. App. 5th 710, (2024), as modified (Oct. 3, 2024), review denied (Jan. 15, 2025)). \ A voluntary dismissal of an entire action deprives the court of both subject matter and personal jurisdiction in that case, except for the limited purpose of awarding costs and statutory attorney fees. (Gogri v. Jack in the Box Inc. Inc., (2008)166 Cal. App. 4th 255). A defendant who seeks costs after a plaintiff's voluntary dismissal need not file a proposed judgment in addition to its memorandum of costs. (Fries v.
Rite Aid Corp., (2009)173 Cal. App. 4th 182). Plaintiff's re-filing of this suit in a different county does not make Defendant any less the prevailing party herein for the purposes of Defendant's entitlement to costs herein. (DisputeSuite.com, LLC v. Scoreinc.com, (2017) 2 Cal. 5th 968). Defendant's Memorandum of Costs shall be filed. CV-25-012120 - STANISLAUS COUNCIL OF GOVERNMENTS vs BRAY, RADUS L - Defendant's Motion to Increase Probable Compensation Deposit - DENIED without prejudice. Plaintiff's Evidentiary objections: OVERRULED.
SUSTAINED. Evidence Code section 1414 is not met given the section 1152 considerations so foundation is insufficient. If we reached relevance, that objection would be overruled. 3-4: SUSTAINED (Evidence Code Sec. 1152). Defendant's Request for Judicial Notice is GRANTED. (Evidence Code Sec. 453). The Court has broad discretion to consider a motion to redetermine probable compensation including one based on grounds of erroneous factual inputs. (Code Civ. Proc., Sec. 1255.030). However, Defendants do not provide competent admissible evidence to support their request for an upward revision of the deposit of probable compensation herein.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
Defendant cites to Zhou v. Unsource Worldwide (2007) 157 Cal.App.4 th 1471, 1478, and Moving Picture Etc. Union v. Glasgow Theaters, Inc. (1970) 6 Cal.App.3d 395, 405) for the proposition that the statements made in the settlement letter are admissible. But in each of those cases, the statement's primary purpose was not found to be settlement. In this case, the statements are made in furtherance of settlement. The parties may benefit from meeting and conferring prior to resubmission of the motion.