McGroarty

INTRODUCTION

Defendant and appellant American Multi-Cinema, Inc. (AMC) appeals from an order granting in part a motion to tax costs filed by plaintiff and respondent Sean McGroarty (plaintiff). AMC does not challenge the substance of the court’s ruling but contends the court lacked jurisdiction to hear the motion because plaintiff impermissibly served the motion by email only. Although the parties extensively briefed issues of statutory interpretation and possible conflicts between the Code of Civil Procedure, the California Rules of Court, and applicable local rules, it is unnecessary to reach those issues.1 AMC waived any defect in plaintiff’s service of the motion to tax costs by filing an opposition on the merits and appearing at the hearing to oppose the motion on the merits. In addition, AMC fails to assert any prejudice resulting from either the service method or the court’s ruling. Accordingly, we affirm.

FACTS AND PROCEDURAL BACKGROUND

The facts necessary to this appeal are few. Following a jury trial in which AMC prevailed, the court entered a judgment in favor of AMC awarding costs in an unspecified amount. AMC filed a cost memorandum seeking routine costs as well as…