LAW    &   MOTION

                                                   

 

FRIDAY      JULY    25,     2008        9:00   A. M.

 

 

 

#1   BINDEL   v.    RANCHO  SAN   JOAQUIN   HOMEOWNERS   ASSOC.

 

 

MOTION: TO TAX COSTS – GRANTED IN PART

 

There has not been any finding by this Court that any of the actions taken by Summit in this case have been in bad faith or not allowed by law.  This Court can’t second guess why a particular party took certain actions to protect its interest in the litigation. 

 

With regard to the deposition, Summit had the right to make its record as to the non-appearance of the deponent, since there was no agreement to continue the deposition.

 

The costs of the discovery referee were legitimate and are recoverable.  The fact that Plaintiff did not seek the appointment is irrelevant.

 

Summit has withdrawn its request for fees for travel, parking and court call costs.

 

The Motion is GRANTED in part. The costs would be taxed in the amount of $494.00.  Costs would be awarded in the amount of $1,974.84.

 

 

#2   LENDINGTREE   v.   NEWPORT  LENDING  GROUP

 

 

MOTIONS: TO BE RELIEVED AS COUNSEL – GRANTED

 

Good grounds exist for these Motions.  Proper notice has been given to the clients.