Aticnib 24 Posted June 7, 2013 Report Share Posted June 7, 2013 What the heck does this mean? We filed our Memorandum of Costs and Order for reimbursement. And this is what is posted. What does this mean? 07/12/2013 8:30 AM DEPT. R8 OSC RE: STATUS OF DEFAULT JUDGMENT PURSUANT TO CRC 3.740 VACATED 06/07/2013 IMAGING NOTICE SCANNED Not Applicable 06/07/2013 JUDGMENT OF DISMISSAL IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DENIED PER JUDGE OCHOA. Not Applicable N 05/30/2013 MEMO OF COSTS FILED BY Xxx, FOR 942.00. Link to post Share on other sites
calawyer 1,849 Posted June 7, 2013 Report Share Posted June 7, 2013 You should get a copy and see if there is any reasoning. If not, you might try filing a motion for reconsideration and tell the judge what the law is. Link to post Share on other sites
Aticnib 24 Posted June 7, 2013 Author Report Share Posted June 7, 2013 What is the law? Plaintiff asks for dismissal with prejudice. Judge denies dismissal. WTF?! Link to post Share on other sites
Aticnib 24 Posted June 7, 2013 Author Report Share Posted June 7, 2013 Could this be some type of repercussion for filing Memo of Costs??? Link to post Share on other sites
calawyer 1,849 Posted June 8, 2013 Report Share Posted June 8, 2013 Ok, maybe I don't understand. I thought this was YOUR memo of costs and YOU submitted the proposed Judgment of Dismissal which the Judge refused to sign. If that is the case, I have to assume that the Judge doesn't know a prevailing party includes a party in whose favor a dismissal with prejudice was entered. Some don't. But the Court might think the memo of costs was untimely or that it was filled out incorrectly or it wasn't served on plaintiff--I have no idea. So that is why I suggested you see if there is any reasoning behind the ruling. Link to post Share on other sites
Aticnib 24 Posted June 8, 2013 Author Report Share Posted June 8, 2013 Yes I submitted the memo of costs and judgement of dismissal. But I waited more than 20 days after sending it to the plaintiff. I'm confused now. Does this mean the judge denied my judgement of dismissal or plaintiffs request for dismissal with prejudice?I have not received anything in the mail so I don't know the reasoning. Link to post Share on other sites
calawyer 1,849 Posted June 8, 2013 Report Share Posted June 8, 2013 Looks to me like judge denied your judgment of dismissal. Link to post Share on other sites
Aticnib 24 Posted June 8, 2013 Author Report Share Posted June 8, 2013 Why would he do this? The trial date already passed. Plaintiff requested it and my husband wants it. Have you ever heard of such a thing?PS does this mean he should file the MIL and Trial Brief? Link to post Share on other sites
calawyer 1,849 Posted June 8, 2013 Report Share Posted June 8, 2013 Why would he do this? The trial date already passed. Plaintiff requested it and my husband wants it. Have you ever heard of such a thing?PS does this mean he should file the MIL and Trial Brief? No. If you look at the docket, it should say that the request for dismissal has been entered by the court. Case over. But the Judge is denying you proposed judgment which awards you costs. Why, I do not know. Link to post Share on other sites
Seadragon 840 Posted June 9, 2013 Report Share Posted June 9, 2013 Yes I submitted the memo of costs and judgement of dismissal. But I waited more than 20 days after sending it to the plaintiff.I'm confused now. Does this mean the judge denied my judgement of dismissal or plaintiffs request for dismissal with prejudice?I have not received anything in the mail so I don't know the reasoning.That's the reason 10 days plus 5 for mailing is the limit. Did you mention costs in your declaration or trial brief? maybe that could count but maybe not. Ouch that stings. Link to post Share on other sites
Anon Amos 2,247 Posted June 10, 2013 Report Share Posted June 10, 2013 PS does this mean he should file the MIL and Trial Brief?No, not if the trial is already over. Link to post Share on other sites
