Memorandum of Costs not disputed by Plaintiff

[case dismissed 14]

OK, so my case was dismissed w/o prejudice. Nice victory, thank you very much.

So I filed a Memorandum of Costs to recoup my expenses. I haven't received a response from the Plaintiff. Now I need to seek a judgement on them. I need to submit a judgement on pleading paper, correct?

I need help in preparing this. Any input would be appreciated.

Thank you

[case dismissed 14]

Anyone have any suggestions?

[1stStep 242]

If memory serves, there's another form to fill out... I'd call the clerk and ask if there's been a dispute first, then ask which form you need to submit.

[case dismissed 14]

Thanks I'll do that. But I think Calawyer said that it should be done on pleading paper seekinga judgement. Not sure on how to go about that.

[1stStep 242]

there's a pleading paper template online to use...

[case dismissed 14]

I have the pleading paper template. I need help in writing out the judgement of costs. Any advice or templates on writing out this judgement?

[calawyer 1,848]

I have the pleading paper template. I need help in writing out the judgement of costs. Any advice or templates on writing out this judgement?

The clerk should do this for you. They will wait until there is no motion to tax filed by the plaintiff and then enter an award of costs on your behalf. The practice varies in each court. Some might just do it by minute order.

I'd say give them a month and then call to inquire.

[case dismissed 14]

The clerk should do this for you. They will wait until there is no motion to tax filed by the plaintiff and then enter an award of costs on your behalf. The practice varies in each court. Some might just do it by minute order.

I'd say give them a month and then call to inquire.

When I called the clerk said that I had to submit a judgement...This doesnt make sense to me. Its been over a month and no motion to tax has been filed.

Any input on how I can submit a judgement for costs?

[calawyer 1,848]

When I called the clerk said that I had to submit a judgement...This doesnt make sense to me. Its been over a month and no motion to tax has been filed.

Any input on how I can submit a judgement for costs?

Under CRC 3.1700 ((4), the clerk is supposed to do it “immediately”: Title Three Rules

But I guess your clerk needs some help. The easiest way to do it is to modify the following form: http://www.courts.ca.gov/documents/jud100.pdf

Insert [Proposed] before “Judgment”

Check by the “clerk”

Instead of any of the options given (i.e. by default, etc) type in “After Request for Dismissal”

Check 5( “for defendant” and type your name.

Check the box in 6 ( defendant to recover costs and fill in the amount.

This isn’t perfect but it is the easiest way I can think of. If I were you, I would walk this in to the clerk’s office, bring a copy of the request for dismissal and the cost memo with proof of service and hopefully, you’ll walk out with a judgment in your favor. You should then serve a notice of entry of judgment on the plaintiff and file it with a proof.

Here is a form for notice of entry of judgment: http://www.courts.ca.gov/documents/civ130.pdf

[case dismissed 14]

This is good stuff!!

Thanks for the info Calawyer.

Will do this ASAP, since their time is up!

[case dismissed 14]

Under CRC 3.1700 ((4), the clerk is supposed to do it “immediately”: Title Three Rules

But I guess your clerk needs some help. The easiest way to do it is to modify the following form: http://www.courts.ca.gov/documents/jud100.pdf

Insert [Proposed] before “Judgment”

Check by the “clerk”

Instead of any of the options given (i.e. by default, etc) type in “After Request for Dismissal”

Check 5( “for defendant” and type your name.

Check the box in 6 ( defendant to recover costs and fill in the amount.

This isn’t perfect but it is the easiest way I can think of. If I were you, I would walk this in to the clerk’s office, bring a copy of the request for dismissal and the cost memo with proof of service and hopefully, you’ll walk out with a judgment in your favor. You should then serve a notice of entry of judgment on the plaintiff and file it with a proof.

Here is a form for notice of entry of judgment: http://www.courts.ca.gov/documents/civ130.pdf

Calawyer,

I did exactly what you said and this was their response;

12/20/2011 REJECT SHEET SENT TO (my name) FOR REJECTION OF

JUDGMENT. THIS IS NOT THE PROPER WAY TO ASK FOR JUDGMENT

FOR COSTS. PLEASE SEEK LEGAL ASSISSTANCE. MS NO SASE PICK

UP IN PRO PER BIN IN VIEWING ROOM SUBMITTED ON 12/19/11

Now what do I do?

[tigger 15]

Calawyer,

I did exactly what you said and this was their response;

12/20/2011 REJECT SHEET SENT TO (my name) FOR REJECTION OF

JUDGMENT. THIS IS NOT THE PROPER WAY TO ASK FOR JUDGMENT

FOR COSTS. PLEASE SEEK LEGAL ASSISSTANCE. MS NO SASE PICK

UP IN PRO PER BIN IN VIEWING ROOM SUBMITTED ON 12/19/11

Now what do I do?

How ironic that you received LEGAL ASSISTANCE....and did EXACTLY what you were told to do, by a california attorney. How nice of the clerk's (or whoever wrote that) to presume every single pro se just makes it all up as they go along....filling out random forms at our whim.

wth?

Edited December 21, 2011 by tigger

[calawyer 1,848]

Calawyer,

I did exactly what you said and this was their response;

12/20/2011 REJECT SHEET SENT TO (my name) FOR REJECTION OF

JUDGMENT. THIS IS NOT THE PROPER WAY TO ASK FOR JUDGMENT

FOR COSTS. PLEASE SEEK LEGAL ASSISSTANCE. MS NO SASE PICK

UP IN PRO PER BIN IN VIEWING ROOM SUBMITTED ON 12/19/11

Now what do I do?

I hate it when they do stuff like this. Under the section I gave you, the clerk is supposed to enter the judgment.

I pm'd you with another form. If it works, please post it for others to use.

Have a great holiday (hopefully with a judgment in your favor).

[case dismissed 14]

I hate it when they do stuff like this. Under the section I gave you, the clerk is supposed to enter the judgment.

I pm'd you with another form. If it works, please post it for others to use.

Have a great holiday (hopefully with a judgment in your favor).

Thanks, Happy Holidays to you as well!

I got your pm. Thank you. Ill try it out. Hopefully it works this time. I even found a case where it states that a Defendant need not file a Proposed Judgement. Fries v. Rite Aid Corporation.

Fries v. Rite Aid Corporation, recent decision on seeking costs after filing of a voluntary

dismissal

In a brief but useful decision, Fries v. Rite Aid Corporation (April 23, 2009) 09 C.D.O.S.

A120488, Division Three of the First Appellate District held “there is no legal

requirement that a defendant file a proposed judgment” in addition to its memorandum of

costs following plaintiff’s voluntary dismissal of the action.

Plaintiff Fries was a minor who sued Rite Aid and an employee on the grounds that the

employee allegedly detained and sexually molested her “under the pretext” of

investigating suspected shoplifting. Fries later filed a request for dismissal of the entire

action. Both Rite Aid and its employee filed costs memoranda. Plaintiff made a motion to

tax costs on the grounds that the memoranda were procedurally defective since

defendants failed to also file proposed orders of judgment or dismissal with their costs

bills; she also contended some of the items in the memoranda were not allowable costs.

The trial court rejected Fries’ claim that defendants’ failure to submit a proposed

judgment order with their costs bills should bar recovery of the costs of litigation. The

court noted that defendants had complied with the requirements of California Rule of

Court 3.1700. While it did tax some of Rite Aid’s costs, it approved the rest of the

claimed costs by both defendants. Thereafter, both defendants submitted a proposed

judgment that reflected the action was voluntarily dismissed without prejudice, and that

costs in the amounts of $11,741.87 and $4,372.55 had been awarded to Rite Aid and its

employee, respectively. Plaintiff appealed.

In support of her appeal, plaintiff relied in part on the Rutter Group Treatise by Brown

and Weil. She claimed that the trial court should have denied defendants claimed costs

because they did not file a proposed judgment along with their costs memos. The

appellate court disagreed, and is so doing, took exception with the commentary of Weil

and Brown.

The court stated that Rule 3.1700 “governs the procedure for claiming

costs….Defendants complied with Rule 3.1700 when they filed memoranda of costs

within 15 days after the date the notice of entry of dismissal was served. The question is

whether, as Fries maintains, defendants were also required to file a proposed judgment

along with their memoranda of costs, even though rule 3.1700 does not provide they must

do so. Neither the cases nor the practice guide Fries cites to support her position are

persuasive.”

According to the court, there is nothing ambiguous about rule 3.1700 and how it should

apply to the situation faced by defendants—seeking reimbursement of allowable costs

after a plaintiff voluntarily dismisses her case without the consent of defendants or an

agreement with them to waive costs in exchange for a dismissal. Plaintiff quoted the

treatise in question which stated “apparently, defendant’s memorandum of costs must be

filed together with a proposed judgment of dismissal [Cite]. (Weil & Brown, Cal.

Practice Guide: Civil Procedure Before Trial (The Rutter Group 2008) §§11:38 TO

11:38.1, pp. 11-22 to 11-23.)” However, the court stated: “Nothing in rule 3.1700 or its

predecessor suggests a defendant must file a proposed judgment along with a

memorandum of costs in order to recover its costs after a voluntary dismissal” and

affirmed.

Should I share this infor with the clerk:wink:

[chiquita55 16]

what sort of expenses did you claim? I had a fee waiver so I am wondering if there is anything I could claim. mostly its postage, 2 reams of paper and 2 ink cartridges for the printer.

[case dismissed 14]

what sort of expenses did you claim? I had a fee waiver so I am wondering if there is anything I could claim. mostly its postage, 2 reams of paper and 2 ink cartridges for the printer.

Im claiming $545!!

I didnt have a fee waiver. I answered the complaint and filed three motions. Photocopies, exhibits and other misc stuff.

Hopefully the court grants everything and not just my filing fees since the Cost Memorandum wasnt objected or taxed!

[calawyer 1,848]

Im claiming $545!!

I didnt have a fee waiver. I answered the complaint and filed three motions. Photocopies, exhibits and other misc stuff.

Hopefully the court grants everything and not just my filing fees since the Cost Memorandum wasnt objected or taxed!

Fries is a great case. Good for you in finding it. Here is the official cite: 173 Cal. App. 4th 182.

[xavi72 21]

I filed my Memorandum of costs on December 19th. I marked my calender so that the 20 days after I filed will be this MOnday Jan. 9th. I have not heard anything from the attorneys and now I'm thinking if I filed the MC correctly.

Does the MC go to the Plantiff or the Plaintiff's attorney. In my case it was Capital One being represented by H & H.

[1stStep 242]

Plaintiff's attorney...have they filed anything in response to the memorandum of costs?

Also, don't be surprised if they file something at the last minute.

Edited January 6, 2012 by 1stStep

[xavi72 21]

Plaintiff's attorney...have they filed anything in response to the memorandum of costs?

Also, don't be surprised if they file something at the last minute.

As of now I haven't received anything from them yet. I guess I will have to wait until Monday to see if they respond.

[varesa01 11]

On this whole issue, I filed a Memorandum of Costs and had no response. Also, there is nothing in the file at the court house apart from my filing and notice of dismissal of case.

I found a form and want to know if I can use this to get my judgment. It is CIV100 and is called Request for .. then three boxes for the following .. Entry of Default, Court Judgment, Clerk's Judgment.

On page 2 it has an area for the Memorandum of Costs. Can I use this form and if so, do I file it alone? When I went to the legal help room at the court house they told me I need an order with it but they also seemed a little confused. I figured they could help me but they weren't much help at all.

Appreciate any advice on this. It just shouldn't be so difficult!!

[varesa01 11]

I finally did the right thing and completed the JUD100!

My case was different and dismissed at trial, before trial started, so I checked the boxes "By Clerk" and "After Court Trial". I then checked and completed section 3 .. After Court Trial.

I got a copy of the "Nature of Proceedings: A Court Trial" from the files section at the court and that gave me the name of the Plaintiff's attorney and all the info I needed to complete that section. Defendant's Attorney I just left blank.

As above, I checked 5b and then typed my name in that box.

Checked 6b and the box below "Defendant named in item 5b to recover costs $____ and then filled in the amount.

I made one copy. Took those two copies with a SASE, copy of the Memorandum of Costs and the "Nature of Proceedings" from the trial to the clerk and she said she would get it to the judge. I wondered about that as it was a request for a Clerk's Judgment but figured she knew what she was doing!

So now I'll wait to get that and then send it with the CIV130 to the Plaintiff's attorney.

This won't work for everyone but it should help those who went through the same process as I did.

[varesa01 11]

I filed my JUD100 and this is the response I got from the judge:

"Both sides were present on 12/29. When Plaintiff dismissed case with prejudice. No judgment needed."

So, without a judgment, how do I get my filing fee back from these people? Minus a judgment they're not going to pay. Any ideas??!! I'm really angry over this.

[varesa01 11]

"With a dismissal the only way to get costs if you have affirmative pleadings on file at the time of the dismissal. " Is this accurate?

[debtorshusband 381]

I haven't been able to totally follow what you've done, but hopefully I can help anyway. I had a lawyer doing the legwork, so I may have a few details a little fuzzy.

The plaintiff filed a Request for Dismissal the day before trial.

So we sent them a Memorandum of Costs (Form MC-010). We were asking for the $300 filing fees (probably more these days) and the $800 allowed by statute for legal fees. As a pro se, you can't get this, and I don't think photocopy and mailing fees can be claimed.

Then we waited 30 days. There was no objection.

So then we filed a one page document. It was in pleading paper format, all the usual headers, and the title was "Judgment Re: Costs"

The text said:

.....Plaintiff JDB, LLC having voluntarily filed a Request for Dismissal of the above-entitled matter and Defendant, Jane C. Doe, claiming costs in the sum of One Thousand One Hundred Dollars and No Cents ($1,100.00), with no Motion to Tax Costs presented by Plaintiff,

.....Judgment is hereby entered in favor of Defendant Jane C. Doe as against Plaintiff JDB, LLC, in the sum fo $1,100.00.

Dated:______________...........................____________________________

...........................................................JUDGE OF THE SUPERIOR COURT

The judge then signed on the signature line and put date in the appropriate spot. Then it got stamped by the clerk and filed, and short time later the plaintiff's attorney mailed a check to my attorney.

Good luck.

DH

PS I couldn't get the text part to format right, so I put in dots to move the text to where it was on our paperwork

Edited March 16, 2012 by debtorshusband