Geng v. Zhu CA2/8
After Lu Zhu and Jin Yan sued Yuan Yuan Geng in small claims court, Ms. Geng filed an unlimited jurisdiction civil case against them, and moved to have the small claims case transferred to the general jurisdiction court. After the small claims case was transferred, Ms. Geng voluntarily dismissed her general jurisdiction case against Zhu and Yan. After the dismissal was filed, Zhu and Yan filed a memorandum of costs, seeking $950 in filing and motion fees, $60 for service of process, and $15,606.25 in attorney fees, and also filed a separate motion explaining the basis for an attorney fee award. Ms. Geng filed a motion to tax costs, and opposed the motion for attorney fees, arguing that Zhu and Yan were not entitled to costs or fees under Code of Civil Procedure sections 1032 or 116.390, subdivision (e). The trial court entered judgment in favor of Zhu and Yan for costs of $1,010. Ms. Geng timely appealed the cost award.
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