Q: After judgment, I filed Memorandum of Costs.Want to Amend MOC. Must I first seek leave to amend MOC, or can I just file?
I filed MOC.
Defense motioned to tax my costs.
Edit: both parties met deadline for MOC and opposition to MOC.
In response I found a more applicable cost, sect 3287 interest, and filed Amended MOC.
Defense filed objection, that any amended MOC filed without first seeking leave of court is belated and invalid.
Edit: Defense does not cite any number of days past any deadline, but that amending without first obtaining leave is in and of itself cause for belatedness of filing Amended MOC.
Is that true? I can't file an Amended MOC unless I first have the court's permission? When I filed Amended MOC, .
I am working with an attorney but he has very, very limited court experience - grateful if you can help us understand how to respond and address the court on this objection.
We have set motion hearing later this month to request inclusion of 3287 interest to Amended MOC - would doing so satisfy CCP 473 procedure?
A:
The prevailing party has 15 days from notice of entry of judgment to serve and file a verified memorandum of costs. (CRC rule 3.1700(a).) An opposing party’s notice of motion to strike or tax costs must be served and filed 15 days later. (CRC rule 3.1700(b)(1).)
It looks like you failed to meet the the appropriate deadline and the opposing party has filed a motion to strike for filing a pleading not in conformity with the laws of the State of California.
A:
As you are probably already aware you have a 15 day deadline to file your memorandum of costs. You need to file a motion under CCP 473 to amend your memorandum of costs. http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-473.html
If you have not done that then your pleading is not filed in conformity with the laws of the State of California and is subject to a motion to strike, which even though not specified in your question is presumptively what the opposing party filed.
Best of luck.
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