Roldan
Roldan v. Flores CA2/3
Opinion
Opinion
Lavin, J.
INTRODUCTION
Defendant Mirna E. Flores appeals from postjudgment orders granting plaintiff Erick Roldan’s motion for cost-of-proof sanctions under Code of Civil Procedure1 section 2033.420 and denying Flores’ motion to tax costs. We conclude the court erred in awarding costs with respect to some, but not all, of the issues raised in Roldan’s motion. Accordingly, we reverse the court’s order and remand the matter for recalculation of the award of costs under section 2033.420. With respect to Flores’ challenge to the court’s order denying her motion to tax costs, Flores has failed to provide an adequate record of the proceedings concerning that motion. We therefore affirm the court’s order denying Flores’ motion to tax costs.
FACTUAL AND PROCEDURAL BACKGROUND
1. The accident In December 2010, Roldan was riding his motorized bicycle in the opposite direction of traffic while on the sidewalk of Western Avenue in Los Angeles. As Roldan approached the intersection of Western Avenue and 22nd Street, Flores’ car was stopped on 22nd street, in front of the crosswalk that runs parallel to Western Avenue. Roldan approached the crosswalk from the right side of Flores’ car. As Roldan…