Costs: Failure To File A Costs Memorandum Or File A Motion To Tax Costs As To A Competing Costs Memorandum Both Constituted A Waiver If Not Timely Filed, Absent A Court Extension

Waiver Principles, Pure And Simple.

            Brady v. Clark, Case No. E078212 (4^th Dist., Div. 2 Feb. 8, 2023) (unpublished) is a simple reminder for litigants—if you are claiming routine costs as a prevailing party, file a timely costs memorandum; and, if you are going to oppose a dueling costs memorandum against you, you need to file a timely motion to tax costs.  (Hydratec, Inc. v. Sun Valley 260 Orchard & Vineyard Co., 223 Cal.App.3d 924, 929 (1990) [need to file a timely costs memorandum]; Douglas v. Willis, 27 Cal.App.4^th 287, 289 (1994) [need to file a timely motion to tax costs to timely object to a costs memorandum].)