Background: Diana Michelle Daniella Hordo's action against State Farm was dismissed after she failed to attend a discovery examination. Subsequent cost submissions were made by both parties.
Court’s Decision:
- State Farm sought costs on a substantial indemnity basis, citing Hordo's failure to engage in the litigation process and her disregard for court orders, resulting in unnecessary delays and expenses.
- Hordo made allegations of fraud against State Farm's representation and requested costs of over $515 million, including for damages and previous legal matters.
- The court dismissed Hordo's claims as irrelevant and upheld that costs should follow the event, meaning the successful party (State Farm) is entitled to costs.
- Due to Hordo’s conduct, which included filing irrelevant materials and making serious allegations, the court awarded substantial indemnity costs for the motion and actions taken post-August 2021 but not for the entire proceeding.
Outcome:
- The court awarded costs in favor of State Farm, totaling $47,000, to be paid by Hordo within 30 days, considering the litigation's history and Hordo's actions??.