Aggrieved Party Timely Objected To Proposed Judgment, So Timely Challenge Made To Duplicative Costs Award.
In Ecolite Concrete U.S.A., Inc. v. G.S. Levine Ins. Services, Inc., Case Nos. D064178 et al. (4th Dist., Div. 1 Dec. 31, 2014) (unpublished), a cross-complainant was hit with a costs judgment in favor of party #1 even though party #1 subsequently filed a costs memorandum seeking those same expenses against another party. By the time cross-complainant discovered the “double dip” issue, the time to file a motion to tax costs had expired. However, the aggrieved cross-complainant did object to the proposed judgment and asked to strike the duplicative costs award from the proposed judgment. The lower court did not strike the costs for the proposed judgment.
The appellate court reversed, finding the “double dip” in costs unacceptable. Cross-complainant did timely object to the proposed judgment containing the “double dip” feature, which preserved the issue for appeal. Because the costs award against another party was final as against another party, the duplicative costs award had to be stricken.
For the Seinfeld episode on double dipping, click here.