Coast Electric Service, Inc. v. Jensen

Defendant appeals from an order denying his motion to strike from the files plaintiff’s memorandum of costs. The judgment in the action was entered and the memorandum of costs was filed on February 13, 1930, but the memorandum was not served within the succeeding five days, as required by section 1033 of the Code of Civil Procedure. On February 21, 1930, which was three days after the expiration of the statutory period allowed for such service, the court made an ex parte order, based on affidavit, purporting to grant plaintiff an additional 15 days within which to serve said memorandum; and…