Guevara

This is an appeal from an order denying a motion to strike a memorandum of costs, which was filed after entry of judgment on a judicial arbitration award. Warren Brand, defendant in the underlying action, contends that if costs of arbitration are not awarded by the arbitrator, they are not thereafter recoverable in superior court. We disagree and affirm the order.

Background

In December 1989 plaintiff filed a complaint alleging personal injuries arising from a motor vehicle accident. The case was referred to judicial arbitration pursuant to California Rules of Court, rule 1600 et seq. The arbitrator found defendant responsible for the accident and awarded plaintiff $39,870.81 for medical expenses, lost wages, and pain and suffering. There was no mention of costs in the award.

On July 8, 1991, shortly after judgment was entered in the matter, plaintiff’s attorney filed a memorandum of costs requesting $635.54. Defendant moved to strike the entire memorandum and asked for sanctions pursuant to Code of Civil Procedure section 128.5. According to defendant, the arbitrator was presumed to have included costs in the award, and adding costs to the judgment where they have not…