Watch Out For That Nonsettling Party!

In a construction defect case, a homeowners association settled with all but one party, a roofing company. After the settling parties signed the settlement agreement, one of the defendants dismissed its cross-complaint against the nonsettling party, mailing its written notice of dismissal on July 14, 2011. The nonsettling party filed a cost bill on August 2, 2011, 19 days later. The settling defendant moved to strike the cost bill on the ground it was untimely under California Rule of Court, rule 3.1700(a), which requires a cost bill to be filed within 15 days after the date of service of a written notice of entry of dismissal. The trial court granted the motion to tax costs. The appellate court affirmed, holding “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.”  Nevis Homes, LLC v. CW Roofing, Inc. (Cal. App. Second Dist., Div. 1; May 15, 2013) 216 Cal.App.4th 353.