ProperProPer
Junior Member
What is the name of your state (only U.S. law)? CA
Pro Per is plaintiff in an action for partition and some other causes of action in law. Case dismissed by settlement in which all proceeds from the house sale go to plaintiff and plaintiff dismisses action. Plaintiff moves for judgment - defendant opposes - but judgment issues in plaintiff's favor none-the-less. Plaintiff found to be prevailing party (deSaulles v. Community Hosp. of Montery Peninsula (2016)). Court properly found costs NOT addressed in settlement agreement.
Here there were over $35,000 in partition referee billings, which is considered a recoverable costs in partition actions. Normally distributed based on percent ownership in house. So plaintiff files memorandum of costs and defendant moves to tax. Question now is whether to demand a bench trial for the purposes of trying the equitable decisions involved in costs?
Pro Per is plaintiff in an action for partition and some other causes of action in law. Case dismissed by settlement in which all proceeds from the house sale go to plaintiff and plaintiff dismisses action. Plaintiff moves for judgment - defendant opposes - but judgment issues in plaintiff's favor none-the-less. Plaintiff found to be prevailing party (deSaulles v. Community Hosp. of Montery Peninsula (2016)). Court properly found costs NOT addressed in settlement agreement.
Here there were over $35,000 in partition referee billings, which is considered a recoverable costs in partition actions. Normally distributed based on percent ownership in house. So plaintiff files memorandum of costs and defendant moves to tax. Question now is whether to demand a bench trial for the purposes of trying the equitable decisions involved in costs?