Fries v. Rite Aid Corp.
173 Cal.App.4th 182 (Cal. Ct. App. 2009) Cited 9 times 1 Legal AnalysesIn Fries v. Rite Aid Corp. (2009) 173 Cal.App.4th 182, 188, the court held that a dismissed defendant must file a costs memorandum within 15 days of the dismissal, even though the action continues with respect to other parties. That situation is distinguishable because a defendant that has been fully dismissed from an action is clearly already a prevailing party under Code of Civil Procedure section 1032, subdivision (a)(4).
Rule 3.1700 - Prejudgment costs
Cal. R. 3.1700 Cited 276 times(a) Claiming costs (1)Trial costs A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service 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