Settlement Agreement Had No Waiver of Costs, Which Led to Reversal of an Order Denying Costs.
There definitely is a practice lesson is the next case where a prevailing defendant obtained reversal of an order striking/taxing routine costs in postjudgment proceedings.
Robertson v. St. John, Case No G043635 (4th Dist., Div. 3 Feb. 10, 2011) (unpublished) was a situation where the lower court granted plaintiff’s motion to strike/tax costs in entirety after a prior without prejudice dismissal of an unlawful detainer complaint and a later with prejudice dismissal of a later renewed complaint after the parties performed under a settlement agreement. The settlement agreement, however, did not have a waiver of costs provision. Plaintiff timely moved for recovery of $8,641.98 in an initial costs memorandum and later filed an amendment seeking an amended total of $10,237.65. The trial court denied costs because it felt that the settlement between the parties had taken care of the issue.