Koresko v. Mountain Valley Assn.
Plaintiff and appellant, John J. Koresko, challenges a judgment awarding costs to respondent Mountain Valley Association (MVA) as the prevailing party in an action arising out of a private road improvement project. After the trial court struck appellant’s first amended complaint (FAC), the trial court awarded MVA $1,121 in costs. Appellant contends that MVA is not entitled to costs because MVA was named as a nominal defendant and was not properly served with a summons.
However, MVA made a general appearance. Thus, the trial court had jurisdiction over MVA. As a prevailing party, MVA is entitled to costs as a matter of law. Accordingly, the judgment will be affirmed.
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