Ali A. Chahbar

Following a summary judgment decision dismissing the action against the moving parties, the court considered submissions on costs.

The successful defendants sought substantial indemnity costs of approximately $46,000 and relied in part on a prior settlement offer.

The self-represented plaintiffs, despite being unsuccessful, also sought costs.

Applying the usual rule that successful parties are entitled to costs and considering proportionality, the amount in issue, and the parties’ reasonable expectations, the court awarded a reduced lump-sum costs award.

The plaintiffs purchased a vehicle from a dealership that had obtained it via a dealer trade from the moving defendants.

After discovering a defect in the vehicle's air conditioning, the plaintiffs sued multiple parties.

Having settled with the manufacturer and the selling dealership, the plaintiffs continued their action against the trading dealership and its president.

The moving defendants brought a motion for summary judgment.

The court granted the motion and dismissed the action, finding no contract, no evidence of negligence or bad faith, and no factual foundation for personal liability against the president.