Second District, Division 1 So Holds in Unpublished Decision.
Kamhout v. The Von Companies, Inc., Case No. B208927 (2d Dist., Div. 1 Sept. 28, 2010) (unpublished) is a good reminder of the deadlines in which a winning litigant must file a costs memorandum.
Unless a party or court clerk mails out a proper notice of entry of judgment, a winning litigant has 180 days within which to file a costs memorandum from the date of actual entry of judgment in the court file. (See Cal. Rules of Court, rule 3.1700(a).) However, the court clerk must strictly comply with the requirements of Code of Civil Procedure section 664.5 in order to truncate the costs memorandum filing period from 180 days (running from actual entry of judgment) to 15 days after a mailing by the court clerk of a proper notice of entry of judgment. In Kamhout, the court clerk’s mailing was noncompliant with section 664.5, which meant winning litigant had a lot more time to file the costs memorandum—getting the benefit of the maximum 180-day window.