Thrifty Payless v. Mariners Mile Gateway CA4/3

FACTS

The underlying facts of this case are discussed in the first appeal of this matter, Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC (2010) 185 Cal.App.4th 1050, and the motion that was the basis for Rite Aid’s costs memorandum is discussed at length in the second appeal, filed concurrently with this opinion. (Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC (Jan. 12, 2015, G048531) [nonpub. opn.].) In that motion, the court denied Mariners’s request to recover on a $5 million preliminary injunction bond that had been posted by Rite Aid. The court issued a document entitled “Statement of Decision and [Judgment]” in favor of Rite Aid on April 4, 2013. That document was accompanied by a clerk’s certificate of service by mail, which was also dated April 4. In its entirety, that document read: “I certify that I am not a party to this cause. I certify that a true copy of STATEMENT OF DECISION AND [JUDGMENT] was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The mailing and this certification occurred at Santa Ana, California, on 04/04/2013.” No other notice of judgment or notice of entry of judgment…