Judgment for Costs

[sandyclaus]

What is the name of your state (only U.S. law)? CA

I had a lawsuit filed against me almost 3 years ago now. The case was voluntarily dismissed by the plaintiff. After the dismissal, I immediately filed a Memorandum of Costs with the court to make a claim against the plaintiff to recover my costs of defending the case that was ultimately dismissed by them.

To date, I had been unaware of the actual process to move forward and get a judgment against the Plaintiff to recover those costs. I found out that I need to file a Request for Judgment with the court, which I can do. However, what I don't know is whether or not there is a time limitation on when I can actually file that Request for Judgment.

We're not talking about a HUGE amount of money, only about $700, but a judgment against that person would give me a way to get that money back for all the time and trouble I went through to defend a case they decided to drop. Can anyone help me out with the timing?

 

[CourtClerk]

I'm not thinking that you could actually file a memo on the case if the judge didn't give you leave to recover costs when they're the moving party. Costs in defense are part of the game, you may end up having to sue them for it.

I wouldn't bank on getting it though, unless the case was frivolous

 

[sandyclaus]

I'm not thinking that you could actually file a memo on the case if the judge didn't give you leave to recover costs when they're the moving party. Costs in defense are part of the game, you may end up having to sue them for it.

I wouldn't bank on getting it though, unless the case was frivolous

I already filed the memo. And as for costs, all I am asking for is the filing fees I paid, and nothing more.

It was based on an Unlawful Detainer that was dropped, and since it was a verbal contract that the suit was based upon, have I lost my ability to even pursue it because of the 2-year SOL on filing with on that basis? I figured that getting the MOC filed and ACCEPTED was it, and all I'd have to do is request the judgment.

 

[Doreen]

LOSING PARTY PAYS PREVAILING PARTY'S COSTS IN CALIFORNIA LITIGATION

California Code of Civil Procedure sections 1032(b) Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.

CCCP 1032 (a)(4) 'Prevailing party' includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified, the 'prevailing party' shall be as determined by the court, and under those circumstances, the court, in its discretion, may allow costs or not and, if allowed may apportion costs between the parties on the same or adverse sides pursuant to rules adopted under Section 1034.

Costs are separate from attorney fees.

Simply filing a memorandum of costs will likely get you nowhere, as shown to date. You need to follow up on that by way of a hearing per the CA procedures.

However, if that was three years ago...