The defendants brought a motion to set aside a noting in default and default judgment, which was resolved on consent.
The only remaining issue was costs.
The defendants' in-house counsel sought costs against the plaintiff's lawyer personally, alleging he fabricated evidence of a misfiled Notice of Intent to Defend to trap the defendants.
The court found these allegations of professional misconduct to be completely groundless and reprehensible.
As a result, the court dismissed the defendants' costs claim and ordered the defendants to pay the plaintiff and its lawyer $30,592 in substantial indemnity costs.
