Pladott v. Garbell CA2/5

Filed 6/11/14 Pladott v. Garbell CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

ALEX PLADOTT, B247876

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. LC070878) v.

MARC GARBELL et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of the County of Los Angeles, Frank Johnson, Judge. Affirmed. Alex Pladott, in pro per., for Plaintiff and Appellant. Klinedinst, G. Dale Britton, Neil R. Gunny, Jose A. Mendoza; Law Department of Coldwell Banker Residential Brokerage Company, Michael B. Hull for Defendants and Respondents.

INTRODUCTION

Plaintiff and appellant Alex Pladott (Pladott) appeals from the trial court’s order denying his motion to strike a memorandum of costs (memorandum) filed by defendants and respondents Marc Garbell and Coldwell Banker Residential Brokerage Company (defendants). According to Pladott, the trial court should have stricken the memorandum because it was untimely and, in any event, filed under the wrong case number. We disagree with Pladott’s contentions on appeal. We therefore affirm the order denying his motion to strike the memorandum.

PROCEDURAL BACKGROUND

On December 6, 2011, the trial court entered a judgment in favor of defendants. On December 15, 2011, defendants served on Pladott a notice of entry of that judgment. On January 3, 2012, defendants filed their memorandum, but mistakenly listed the case number as LC081576, instead of the correct case number, LC070878, which number was shown on the memorandum as the number of a related case. On January 24, 2012, defendants filed a notice of errata requesting the trial court to accept the memorandum as having been filed in case LC070878. On February 6, 2012, Pladott filed a motion to strike the memorandum because it was filed under the wrong case number and late. On January 24, 2013, the trial court denied the motion to strike the memorandum, noting the errata filed by defendants and finding that the memorandum was timely filed in case number LC070878.