Hrg 01 11 2019 Motion To Tax Costs

Motion

Cal. Super. - 6th Dist.February 11, 2016

© 0 9 O N n n B A W N = N N N N N N N N N e m e m e m e m p m e m p m e e c o N N a N n m k A W I N D = D O O N N N R E W I N D = O McPHARLIN SPRINKLES & THOMAS LLP JEANINE DeBACKER, Bar #178054 PAUL S. AVILLA, Bar #120458 160 W. Santa Clara St., Ste. 400 San Jose, California 95113 Telephone: (408) 293-1900 Facsimile: (408) 293-1999 jdebacker@mstpartners.com pavilla@mstpartners.com Attorneys for Defendants and Cross-Complainants TONY TOLANI; SHALINI TOLANI; and T&S MANUFACTURING TECHNOLOGIES, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA JOANNE PHAN, ) Case No.: 16 CV 291491 Plaintiff, ) Vv. ) NOTICE OF MOTION AND MOTION TO ) TAX COSTS; MEMORANDUM OF TONY TOLANI, SHALINI TOLANI, T&S ) POINTS AND AUTHORITIES THEREON MANUFACTURING TECHNOLOGIES, LLC and DOES 2 through 10, inclusive, ) Date: January 11,2019 Defendants ) Time: 9:00 a.m. ) Judge: Hon. Drew C. Takaichi ) . AND RELATED CROSS-ACTION ) Dept... 16 TO PLAINTIFF JOANNE PHAN AND HER ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on January 11, 2019, at 9:00 a.m., or as soon thereafter as the matter may be heard in Department 16 of the above-entitled Court, located at 191 North First Street in San Jose, defendants Tony Tolani, Shalini Tolani, and T&S Manufacturing Technologies, LLC will and do hereby move the court for an order taxing the costs claimed under Item 11 of the Memorandum of Costs in the amount of $3,269.17. This motion will be based upon the grounds that the foregoing costs item is not reasonable in amount, and should therefore be taxed. This motion will be based upon this notice Notice of Motion and Motion to Tax Costs; Memorandum of Points and Authorities Thereon 1 O O 0 N J a L n B R W N N N N N N N N R N N m m e m p e e m e t pe d d p pe a © 3 O N n k W N RL , O D O N O Y R E W I N D R o of motion and motion, the attached memorandum of points and authorities, the pleadings, records, and files herein, and upon such further oral and documentary evidence as may be submitted at the hearing ofthis matter. Dated: December 14, 2018 McPHARLIN SPRINKLES & THOMAS LLP oe hulle Paul } Avilla Attorneys fot Defendants and Cross-Complainants, TONY TOLANI; SHALINI TOLANI; and T&S MANUFACTURING TECHNOLOGIES, LLC Notice of Motion and Motion to Tax Costs; Memorandum ofPoints and Authorities Thereon 2 O o 0 1 O N D n B R W N e a N O N N N N N N N N e e m e b pe d pe d p l e a © ~ ~ Y D n R W R O Y N Y U T B E W N e O MEMORANDUM OF POINTS AND AUTHORITIES L LEGAL ARGUMENT A. A Motion to Tax Costs is the Appropriate Challenge. The right to recover costsis purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. Davis v. KGO-T.V., Inc. (1998) 17 Cal. 41 436, 439. Code of Civil Procedure §1033.5 provides which costs are and are not allowable. Allowable costs shall be reasonably necessary to the conduct ofthe litigation rather than merely convenient or beneficial to its preparation. Such costs also must be reasonable in amount. A motion to tax costs challenges particular items or amounts. Cal. Rule of Court 3.1700. The burden is on the party seeking to tax costs to show that they are not recoverable. Ladas v. California State Auto. Ass’n. (1993) 19 Cal. App.4th 761, 774-76. However,items that are properly objected to are placed in issue, and the burden of proofthen is shifted to the party claiming them as costs. Id. B. Plaintiff is Seeking to Recover Particular Costs Which Are Not Authorized By Code of Civil Procedure sections 1032 and 1033.5. Defendants contend that plaintiffs cost of copying exhibits for trial should be taxed. CCP section 1033.5(a)(12) provides for an award of costs for “models and blowups of exhibits and photocopies of exhibits...if they were reasonably helpful to aid the trier of fact.” Here, plaintiff is seeking $3,269.17 as the cost of copies of exhibits for trial. Defendant objects to this amount as unreasonable and excessive. Plaintiff introduced only 38 exhibits at trial. Copying 38 documentsfor trial (even multiple sets) cannot reasonably cost $3,269.17. 11. CONCLUSION Defendants request that plaintiff’s costs be reduced by $3,000. Dated: December 14, 2018 McPHARLIN SPRINKLES & THOMAS LLP [wll Paul S. Avilla Attorneys for Defendants and Cross-Complainants, TONY TOLANI; SHALINI TOLANI; and T&S MANUFACTURING TECHNOLOGIES, LLC Notice ofMotion and Motion to Tax Costs; Memorandum of Points and Authorities Thereon 3 N o 0 1 O N n n R o w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Phan v. Tolani Case No. 16CV291491 PROOF OF SERVICE I am a citizen of the United States and a citizen of Santa Clara County; I am overthe age of eighteen years and not a party to the within action; my business address is 160 W. Santa Clara, Suite 400, San Jose CA 95113. On the date set forth below I served the documents described as: NOTICE OF MOTION AND MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES THEREON; [PROPOSED] ORDER on the following parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Caroline McIntyre Bergeson, LLP 111 N. Market St., Ste. 600 San Jose, CA 95113 cmcintyre@be-law.com [1] (BY MAIL) I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail at San Jose, California. [1] (BY PERSONAL SERVICE) I caused such envelope(s) to be delivered by hand this date to the offices of the addressee(s). [1] (BY FEDERAL EXPRESS) I caused such document(s) with postage thereon fully prepaid to be placed in the Federal Express office at San Jose, California. [X] (BY ELECTRONIC SERVICE) I caused such document(s) to be transmitted by electronic service on this date through a court appointed e-filing vendor, One Legal to the offices of addressee(s). [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [1] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on December 14, 2018, at San Jose, California. Nipestis ©Weer Natalie P. Alej andro