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FRIES v. RITE AID CORP.

No. A120488.

173 Cal.App.4th 182 (2009)

___ Cal.Rptr.3d ___

JACQUELYN FRIES, a Minor, etc., Plaintiff and Appellant, v. RITE AID CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Three.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Joseph L. Schatz for Plaintiff and Appellant.

Kelly, Hockel & Klein, Jonathan Allan Klein and Thomas K. Hockel for Defendants and Respondents.

OPINION

SIGGINS, J.—

Must a defendant who seeks costs after a plaintiff's voluntary dismissal file a proposed judgment in addition to its memorandum of costs? We conclude that there is no legal requirement that a defendant file a proposed judgment. The trial court correctly denied plaintiff Jacquelyn Fries's motion to tax or strike costs, and we affirm the order and judgment awarding costs. However, we reverse two discovery orders issued...

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