Protect Our Homes And Hills vs. County of Orange

Motion to Strike or Tax Costs

Cal. Super. - 4th Dist.July 2, 2015

O O 00 NN O N nh bh W N = N O N O N O N N O N N N O N m m m m e m e m p m e m e R e m e e p s 0 0 NN OO Wn Ar W N = O O WV o 0 N O n BRR W N = OO LATHAM & WATKINS LLP Christopher W. Garrett (Bar No. 100764) Taiga Takahashi (Bar No. 281335) 12670 High Bluff Drive San Diego, California 92130 Telephone: ~~ 858.523.5400 Facsimile: 858.523.5450 E-mail: christopher.garrett@lw.com E-mail: taiga.takahashi @lw.com Attorneys for Real Party-in-Interest YORBA LINDA ESTATES, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CIVIL COMPLEX CENTER PROTECT OUR HOMES AND HILLS; HILLS FOR EVERYONE; ENDANGERED HABITATS LEAGUE, INC.; CALIFORNIA NATIVE PLANT SOCIETY; FRIENDS OF HARBORS, BEACHES AND PARKS, INC,, Petitioners and Plaintiffs, Vv. COUNTY OF ORANGE; BOARD OF SUPERVISORS OF COUNTY OF ORANGE; CITY OF YORBA LINDA; CITY COUNCIL OF THE CITY OF YORBA LINDA; and DOES 1 through 20, inclusive, Respondents and Defendants, and YORBA LINDA ESTATES, LLC, an Arizona Limited Liability Company and a California Limited Liability Corporation, and DOES 21 through 50, Real Parties-in-Interest. ELECTRONICALLY FILED Superior Court of California, County of Orange 10/24/2016 at 06:29:00 PM Clerk of the Superior Court By Olga Lopez, Deputy Clerk Case No. 30-2015-00797300-CU-CT-CXC ASSIGNED FOR ALL PURPOSES TO HON. WILLIAM D. CLASTER DEPARTMENT CX-102 REAL PARTY YORBA LINDA ESTATES’ MOTION TO STRIKE OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT Action Filed: July 2, 2015 30-2015-00797300-CU-CT-CXC YORBA LINDA ESTATES’ MOTION TO STRIKE OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES OO 00 N N O N nn pr W N N O N N N N O N N N N e m e m e m pe e d e m ed m p 00 NN O N Wn BA W N = O V N N N R W = Oo TO PETITIONERS PROTECT OUR HOMES AND HILLS; HILLS FOR EVERYONE; ENDANGERED HABITATS LEAGUE, INC.; CALIFORNIA NATIVE PLANT SOCIETY; AND FRIENDS OF HARBORS, BEACHES AND PARKS, INC.; AND RESPONDENTS COUNTY OF ORANGE ET AL. PLEASE TAKE NOTICE THAT on December 2, 2016 at 9 a.m. or as soon thereafter as the matter may be heard in Department CX-102 of the Civil Complex Center of the Superior Court of the State of California for the County of Orange, Real Party-in-Interest Yorba Linda Estates (“Real Party”) will and hereby does move the Court for an order to strike or tax costs sought by Petitioners Protect Our Homes and Hills; Hills For Everyone; Endangered Habitats League, Inc.; California Native Plant Society; and Friends Of Harbors, Beaches And Parks, Inc. (“Petitioners”) in their entirety, or, in the even the Court exercises its discretion to tax (reduce) costs, in the sum of $13,722.24 (to a total of $3,299.46 in allowable costs), in this action pursuant to Code of Civil Procedure section 1033.5 and California Rule of Court 3.1700. This motion is made on the grounds that Petitioners are not “prevailing” parties under Code of Civil Procedure section 1032 and that the above-referenced sums sought by Petitioners in their respective Memorandum of Costs were related to their unsuccessful and dismissed causes of action against the City of Yorba Linda, are not permitted under the Code of Civil Procedure and the applicable case law as allowable costs, or were not reasonable or necessary to the trial in this matter. This motion is based upon this motion, the attached memorandum of points and authorities, and the pleadings and records on file herein and the argument of counsel. Dated: October 24, 2016 Respectfully submitted, LATHAM & WATKINS LLP bo GU PN Christopher W. Garrett Attorneys for Real Party-in-Interest YORBA LINDA ESTATES, LLC 30-2015-00797300-CU-CT-CXC YORBA LINDA ESTATES’ MOTION TO STRIKE OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES © 0 0 NN O N hw ~~ W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 TABLE OF CONTENTS Page MEMORANDUM OF POINTS AND AUTHORITIES .....cmommrssasmmommmmamssmmmmsmsssmsmsesss 1 L FACTUAL AND PROCEDURAL BACKGROUND.......ccccocetmieiririniereneeenieeene nesses 1 ETI 2 A. The Court should strike Petitioners’ cost memorandum because they are not prevailing parties under Code of Civil Procedure section A - 2 B. In the alternative, the Court should tax Petitioners’ COStS. ....ccooevvveerevveveveereevnnenens 4 I Filing and process fees related to claims against City of Yorba Linda (Attachments la-g; 5a