olgamo29

Case Dismissed! 1 out of 2 !

Recommended Posts

I am so relieved! I have lost the first case, so I was very worried. The lawyers have dismissed without prejudice, but I still had to go to court today to find out.

Thank you to everyone's input on this forum! Especially Seadragon's! I am very grateful to have found such a great support group!

A question about Memorandum of Costs. Can I still file it, even though the case is dismissed without prejudice? Does the judge need to rule on it? Do I need to include any proof - receipts?

Thank you again for the wonderful support!!!!!!!!!!!!!!!!!!!!!!!!

Link to post
Share on other sites

A question about Memorandum of Costs. Can I still file it, even though the case is dismissed without prejudice? Does the judge need to rule on it? Do I need to include any proof - receipts?

Yes.

Here is the applicable rule: Title Three Rules

You file the memo. No receipts necessary (it will mostly be filing fees).

15 days after (+ 5 if served by mail), plaintiff has to file a motion to tax costs if it feels any are inappropriate. Plaintiff usually doesn't file a motion.

Then the clerk should "immediately" enter the cost award on the judgment. These days, with the clerks so overworked, you might have to do this for them. If so, we'll help.

Congrats on your victory.

Link to post
Share on other sites

I had no response to my Memorandum of Costs (California) and went to the court (about 40 days later), probably a mistake! They didn't have a clue and were no help whatsoever! Went to legal help at the court house and although they were nice, they said, "it's complicated" and said they would call me back, which they have not. They agreed I needed a judgement!

I found a form CIV-100 Request For .. then three boxes for Entry of Default, Court Judgement, or Clerk's Judgement and wondered if I should file this? If you agree that I should, I would really appreciate any help completing it!

Thanks in anticipation :)

Link to post
Share on other sites
I had no response to my Memorandum of Costs (California) and went to the court (about 40 days later), probably a mistake! They didn't have a clue and were no help whatsoever! Went to legal help at the court house and although they were nice, they said, "it's complicated" and said they would call me back, which they have not. They agreed I needed a judgement!

I found a form CIV-100 Request For .. then three boxes for Entry of Default, Court Judgement, or Clerk's Judgement and wondered if I should file this? If you agree that I should, I would really appreciate any help completing it!

Thanks in anticipation :)

So you filed and served your Memo of costs and plaintiff did not file a motion to tax? If so, the clerk is actually supposed to prepare a judgment for you but often doesn't do it (see this thread: http://www.creditinfocenter.com/forums/there-lawyer-house/310930-memorandum-costs-not-disputed-plaintiff.html ). Try preparing the following on pleading paper and bringing it to the court with a copy of your cost memo and proof of service:

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF _________________

________________________

Plaintiff,

v.

________________________

Defendant.

Case No. _____________

JUDGMENT OF DISMISSAL

Plaintiff____ having filed with the Clerk of this Court a request for entry of dismissal of the entire complaint, and the Clerk having entered the dismissal pursuant to plaintiff’s request on [date]____.

IT IS ORDERED AND ADJUDGED that this action is dismissed and that defendant [name] is awarded [his/her/its] costs of suit incurred in this action in the sum of [amount].

DATED: ______________________

___________________________

  • Like 1
Link to post
Share on other sites

Congratulations, olga...!

....I'm so happy for you!

:wave:

Though I just realized this thread is a tad dated, sorry I'm late to the party:oops:

Either way, hugs and Congrats again!

Edited by tigger
Link to post
Share on other sites

"Rule 3.1700. Prejudgment costs

(a) Claiming costs

(1)1pixel.gifTrial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

(2)1pixel.gifCosts on default

A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment.

 

I never received a notice of entry of judgment or dismissal ... I never received anything in writing that judgment has been entered.  I found out they asked for dismissal just because I check on line.

 

I mailed them the Memorandum of Costs last Friday.  I'm starting the clock on Friday.  Right???

Link to post
Share on other sites

 

"Rule 3.1700. Prejudgment costs

(a) Claiming costs

(1)1pixel.gifTrial costs

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case.

(2)1pixel.gifCosts on default

A party seeking a default judgment who claims costs must request costs on the Request for Entry of Default (Application to Enter Default) (form CIV-100) at the time of applying for the judgment.

 

I never received a notice of entry of judgment or dismissal ... I never received anything in writing that judgment has been entered.  I found out they asked for dismissal just because I check on line.

 

I mailed them the Memorandum of Costs last Friday.  I'm starting the clock on Friday.  Right???

 

You're fine. The dismissal was filed, entered, stamp etc...with the Courts. Correct? If so, you're fine.

Link to post
Share on other sites

Yes.  It was.  I think they didn't want me to know so they didn't send me the notice.  Now the fight is on to reimburse for costs.  I don't want them to get off easy!!!

EAF did the same thing and I overnight mine.

Link to post
Share on other sites

If they think the memo of costs is untimely, they will have to object.  You will respond that they never served it on you.  Let's see if they have a proof of service.

  • Like 1
Link to post
Share on other sites
Guest
This topic is now closed to further replies.