Nevis Homes LLC v. CW Roofing, Inc.

In the published portion of this opinion we hold that, if a written notice of judgment or dismissal is served by mail within the State of California, the time for filing a memorandum of costs is extended by five days. In the unpublished portion of this opinion we consider who is a “prevailing party” for purposes of entitlement to costs under Code of Civil Procedure section 1032. Finally we affirm the trial court’s denial of the parties’ motions for sanctions. We modify the order taxing costs and affirm the order as modified.

FACTS AND PROCEEDINGS BELOW

A homeowners association brought a construction defect action against Nevis Homes LLC and other defendants (collectively Nevis). Nevis cross-complained against CW Roofing, Inc. (CWRI), and Daniel Suh, doing business as the CW Roofing Co. (Suh), among others. In due course, the homeowners association settled with Nevis and Nevis settled with Suh and other cross-defendants. The settlement agreement stated: “Each of the SETTLING PARTIES acknowledge and agree that each of them is to bear his, her, or its own costs.” The settlement agreement did not name CWRI as one of the “settling parties” nor did anyone sign the agreement…