Rose Joyce vs. H. Bronson Bassir, Dds, Inc.

Opposition

Cal. Super. - 4th Dist.June 14, 2017

OC 0 3 a Wn bh W N ee N O R D O R N N N N ND 2 XN R I R B I R P B P E E S S x 3 3a add 52 6 0 = o VOSS, SILVERMAN & BRAYBROOKE LLP DAVID C. VOSS, JR., SBN 147330 ELECTRONICALLY FILED A. BRANDON BASSIR, SBN 228805 Superior Erk of California, . > - 0 - 4640 Admiralty Way, Suite 800 02/0 1/201 rma Marina Del Rey, California 90292-6602 at 11:33:00 AM T:(310)306-0515/F:(310) 306-5368 Rr i Attorneys for Defendants H. BRONSON BASSIR, D.D.S. (sued and served as “BASSIR”), H. BRONSON BASSIR, D.D.S., INC., and SEASCAPE COSMETIC AND IMPLANT DENTISTRY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CASE NO: 30-2017-00925802-CU-BC-CJC ROSE JOYCE, Assigned to Judge James J. Di Cesare; Dept. C16 Plaintiff, Complaint filed: 6/14/2017 2s DEFENDANTS’ OPPOSITION TO PLAINTIFF'S BASSIR: H. BRONSON BASSIR, D.D.S., INC.; [MOTION TO STRIKE COSTS SEASCAPE COSMETIC AND IMPLANT DATE: February 15, 2019 DENTISTRY, DOES 1-20, TT: 230 as. Defendants. DEPT.: C16 TO: THE COURT AND ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD: /11 111 111 i= OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE COSTS OO ® ~~ O N Wn B W N e N O N O N OR N N N N N N m m e e e e e e e e e e s 0 =~ ) O N L h ERE WLW NN = So OY N Y R W W = o COME NOW DEFENDANTS H. BRONSON BASSIR, D.D.S., H. BRONSON BASSIR, D.D.S., INC., and SEASCAPE COSMETIC AND IMPLANT DENTISTRY (hereinafter “Defendants”) who hereby submit their Opposition to Plaintiff Rose Joyce’s (hereinafter “Plaintiff”) Motion to Strike Costs (“Motion”). This Opposition is made on the following grounds: I Plaintiff’s Motion should be denied because Defendants’ are entitled to recover their reasonable and necessary costs as the prevailing parties in this matter pursuant to Code of Civil Procedure sections 1032(b), 1033.5 ef seq. This Opposition will be based upon the accompanying Memorandum of Points and Authorities, Declaration of A. Brandon Bassir, and the complete files and records of this action. DATED: February 1,2019 VOSS, ih & BRAYBROOKE LLP By: eo / v DAVID C. VOSS, IR. A. BRANDON BASSIK, Attorneys for Defendants H. BRONSON BASSIR, D.D.S. (sued and served as “BASSIR”), H. BRONSON BASSIR, D.D.S., INC., and SEASCAPE COSMETIC AND IMPLANT DENTISTRY -9. OPPOSITION TO PLAINTIFF’S MOTION TO STRIKE COSTS O 0 ~~ O N n n B W ND = ND N R N N N N N N E X B E R E R E B R E E LS = I a x = 6 0 = o MEMORANDUM OF POINTS AND AUTHORITIES I. STATEMENT OF THE CASE On November 16, 2018, this Court denied, on the merits, plaintiff's Motion for Reconsideration of the July 20, 2018 ruling sustaining, without leave to amend, defendants’ Demurrer to plaintiff First Amended Complaint. On that same date, this Court granted defendants’ Motion to Dismiss the instant action, with prejudice. On November 19, 2018, defendants filed and served a Notice of Entry of this Court’s November 16, 2018 orders. Defendants also filed and served a Memorandum of Costs as the prevailing parties in this matter. Plaintiff now moves to strike defendants’ costs on the sole basis that she does not have the financial ability to pay the costs. As discussed herein, plaintiff has not met her burden of establishing defendants’ costs were not reasonable or necessary, and therefore plaintiff’s Motion should be denied. II. LAW AND ARGUMENT A. Plaintiffs Motion Should Be Denied Because Defendants Are Entitled To Recover Their Costs As The Prevailing Parties In This Matter. i Defendants Are The Prevailing Parties In This Matter, Code of Civil Procedure section 1032(a)(4) provides, in pertinent part, that a “Prevailing patty” includes a defendant in whose favor a dismissal is entered. A defendant dismissed from the action is the “prevailing party” regardless whether the dismissal is voluntary or involuntary. Santisas v. Goodin (1998) 17 Cal.4th 599, 606. In the instant case, this Court granted defendants’ Motion to Dismiss this action, with prejudice, after denying plaintiff’s Motion for Reconsideration of the July 20, 2018 ruling sustaining, without leave -3. OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE COSTS OW o o ~~ vn nn R w ND N O N O R N N N N RN R R ) m e e e ee e e e m ke e e s pe 00 ~ O A L h BA W N e m O O N Y i n RR W N = O to amend, defendants’ Demurrer to plaintiff's First Amended Complaint. As such, defendants are the prevailing parties in this matter. ii. Defendants Are Entitled To Recover Their Costs. Code of Civil Procedure section 1032(b) provides that a prevailing party is entitled as a matter of] right to recover costs in any action or proceeding. Code of Civil Procedure section 1033.5 provides that filing, motion, and fees for electronic filing or service of documents through an electronic filing service provider when a court requires or orders electronic filing or service of documents are allowable costs under CCP § 1032. Code of Civil Procedure section 1033.5(c) provides that allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation and shall be reasonable in amount. As set forth in the accompanying declaration of A. Brandon Bassir, defendants incurred costs in this matter for filing fees, motion fees and fees for electronic filing of documents. The costs incurred b y defendants were reasonably necessary to the conduct of this matter and were reasonable in amount. iii. Plaintiff Has Not Met Her Burden Of Establishing That Defendants’ Costs Were Not Reasonable Or Necessary. If the items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n (1993) 19 CalApp.4th 761, 774-776 ; Bender v. County of Los Angeles (2013) 217 Cal. App.4th 968, 989; Jones v. Dumrichob (1998) 63 Cal. App.4th 1258, 1266-mere statements in points and authorities and declaration of counsel insufficient to rebut prima facie showing, 111 4 - OPPOSITION TO PLAINTIFF’S MOTION TO STRIKE COSTS © 0 3 a Un Re WwW N = R O N O N R N R N N N DN ) e e e k e d e e e s e e e d 0 =~ O N w R W O R N = O N R N Y R W N e OO Trial courts have no authority to reduce allowable costs based on considerations other than necessity or reasonableness of the costs (e.g., based on party's ability to pay). Nelson v. Anderson (1999) 72 Cal. App.4th 111, 129-130. In the instant case, plaintiff has not disputed that the costs claimed by defendants were reasonably necessary or reasonable in amount. Plaintiff's sole argument is that she does not have the financial ability to pay. While defendants dispute this claim, plaintiff’s ability to pay is completely irrelevant in determining whether this Court should grant the instant Motion. I. CONCLUSION Based on the foregoing, defendants respectfully request that this Court deny plaintiffs Motion in its entirety and that judgment be entered on the allowable costs. DATED: February 1, 2019 VOSS, SILVE N & BRAYBROOKE LLP La // DAVID C. VOSS, JR. A. BRANDON BASSIR, Attorneys for Defendants H. BRONSON BASSIR, D.D.S. (sued and served as “BASSIR”), H. BRONSON BASSIR, D.D.S., INC., and SEASCAPE COSMETIC AND IMPLANT DENTISTRY - 5a OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE COSTS © © ~ N w h W w N -= R N O N O N N N N N N R e s e e e s e s e s e e e s © ~-_ N O N h h BA W O N em O Y N Y Un BR W N e o DECLARATION OF A. BRANDON BASSIR I, A. Brandon Bassir, declare as follows: 1 I am an attorney, duly licensed to practice law before all courts of the State of California. Iam an associate attorney with Voss, Silverman & Braybrooke LL P, counsel of record for Defendants H. BRONSON BASSIR, D.D.S., H. BRONSON BASSIR, D.D.S., I NC., and SEASCAPE COSMETIC AND IMPLANT DENTISTRY (hereinafter “Defendants™), herein. I have personal knowledge of the facts set forth herein, and could competently testify thereto if called upon t o do so. 2, On November 16, 2018, this Court denied, on the merits, Plaintiff Rose Joyce's (hereinafter “plaintiff”) Motion for Reconsideration of the July 20, 2018 ruling sustaining, without leave to amend, defendants’ Demurrer to plaintiff First Amended Complaint. On that same date, this Court granted defendants’ Motion to Dismiss the instant action, with prejudice. 3. On November 19, 2018, defendants filed and served a Notice of Entry of this Court’ s November 16, 2018 orders. Defendants’ also filed and served a Memorandum of Costs as the p revailing parties in this matter. 4. The costs sought by defendants were for their initial filing fees in this matter, fees for their Motion to Strike filed on December 29, 2017 and ex parte application for dismissal filed on August 2, 2018, and for fees associated with the electronic filing of documents with the court. True and correc t copies of the invoices for the costs claimed by defendants are attached hereto collectively as Exhibit “A,” and are incorporated by reference herein. 111 111 111 -6- OPPOSITION TO PLAINTIFE’S MOTION TO STRIKE COSTS O© 0 ~~ o N Wn RA W N N O N O N O N R N N N N e e e e s e s e e e e Bo a A hh AE W N em O V N N N A W N = O 3 All the costs claimed by defendants were reasonably necessary litigation costs rela ted to this matter. I declare under penalty of perjury pursuant to the laws of the State of California tha t the foregoing is true and correct. Executed this 1% day of February, 2019, in Marina del Rey, California. A. J] Bassir, IY TF OPPOSITION TO PLAINTIFE’S MOTION TO STRIKE COSTS EXHIBIT “A” CONE LEGAL Invoice Date 1/3/2018 504 Redwood Blvd. Suite 223 Customer 0065153 Novato CA 94947 1-800-938-8815 ext. 1 Invoice 11165643 TIN: 26-0259046 Due Date 1/3/2018 Bill.-To TE Term Credit Card : : S Voss, Silverman & Braybrooke er edit ar Denisse Gonzalez Amount Due $1,412.69 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 Order Number ~~ ~~ 11620423 Billing Code CaseNumber 00 130-2017-00925802-CU-BC-CJC Court Transaction Number 2625622 Contact iH in ii i Brandon Bassi Attorney David Voss CaseTile: ~~~ ~~ RoseJoyce vs. H.BronsonBassir; DDS; Inc. Documents Demurrer to Amended Complaint, Motion to Strike, Request for Judicial Notice, Declaration Court ml Th “Superior Court of California, Orange: County : ; STATUTORY DISBURSEMENTS* FLY elV1\h) Court Technology Access Fee $2.25 Court Filing Fee $1,365.00 SUBTOTAL $1,367.25 ONE LEGAL FEES AMOUNT eFiling Charge $9.95 Convenience Feet $35.49 SUBTOTAL $45.44 FEES SUMMARY AMOUNT Disbursements $1,367.25 One Legal Fees $45.44 TOTAL BILLED $1,412.69 Past due balance may be charged a late payment fee and/or a Jale charge of up to 1.6% per m onth {18% per annum). * These mandatory faes are charged by the courl or required by statute and are not One Legal service fess. One Legal disburses (hese fees on your behalf. | 1 Stalutory fees disbursed on your behalf are assessed a 2.8% convenience fea for processing an d collecting these disbursements. The convenience fee is walved if you elect the One Legal ACH payment service. One Legal does not assess & convenience fee on its products and serv ices. Learn more at www.onelegal.com/ACH CONE LEGAL: 504 Redwood Bivd. Suite 223 Novato CA 94947 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Card Sale Bill To. Date 1/17/2018 Customer 0065153 Credit Sale 01257076 Amount Due $0 Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 80292 ‘Order Number Contact Attorney: Billing Code Case Title Court Court Transaction Number Case Number Documerits STATUTORY DISBURSEMENTS* AMOUNT Court Technology Access Fee $2.25 SUBTOTAL $2.25 eFiling Charge $9.95 SUBTOTAL $9.95 Disbursements $2.25 One Legal Fees $9.95 TOTAL CHARGED $12.20 11661039 Brandon Bassir “DavidVoss Rose Joyce vs, H. Bronson Bassir, DDS, Inc; Superior Court of California, Orange County 3626395 30-2017-00925802-CU-BC-CJC Notice of Hearing, Case Management Statement * These mandatory fees are charged by the court or raquired by statute and are not One Legal service fees. One Legal disburses these fees on your behalf, 504 Redwood Blvd. Suite 223 Novato CA 94947 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Card Sale Bill To Date 2/1/2018 Customer 0065153 Credit Sale 01275580 Amount Due $0 Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 Voss, Silverman & Braybrooke Order Number Contact Attorney: © Billing Code Case Title Court ‘Court Transaction Number Case Number “Documents STATUTORY DISBURSEMENTS* Court Technology Access Fee SUBTOTAL ONE LEGAL FEES eFiling Charge SUBTOTAL FEES SUMMARY Disbursements One Legal Fees TOTAL CHARGED 11705449 Brandon Bassir David Voss “Rose Joyce vs. H. Bronson Bassir, DDS, Inc: Superior Court of California, Orange County 3632267 : : 30-2017-00925802-CU-BC-CJC Reply to Opposition to Demurrer, Notice of Case Management Conference AMOUNT $2.25 $2.25 AMOUNT $9.95 $9.95 PAY e VIN $2.25 $9.95 $12.20 * These mandatory fees are charged by the court or required by statute and are not On e Legal service fees. One Legal disburses these fees on your behalf, Credit Card Sale CONE LEGAL: Date 4/30/2018 504 Redwood Blvd, Suite 223 Novato CA 94947 Customer 0065153 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Sale 01377673 Bill To Fd mass Pr ER Amount Due $0 Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 Order Number: = “© =. 11939332 Contact Brandon Bassir Afterall David Voss EE Billing Code Case Tiie Hm Rose Joyce vs. H. Bronson Bassir, DDS; inc... Court Superior Court of California, Orange County Court Transaction Number ~~ 2666004 ~~ i : Case Number 30-2017-00925802-CU-BC-CJC ‘Documents: © ~~ ‘Notice of Ruling. SAT : i Peel STATUTORY DISBURSEMENTS” AMOUNT Court Technology Access Fee $2.25 SUBTOTAL $2.25 ONE LEGAL FEES AMOUNT eFiling Charge $9.95 SUBTOTAL $9.95 FEES SUMMARY AMOUNT Disbursements $2.25 One Legal Fees $9.95 TOTAL CHARGED $12.20 * These mandatory fees are charged by the court or required by statute and are not One Legal service fees. One Legal disburses these faes on your behalf. Credit Card Sale CONE LEGAL Date 8/2/2018 504 Redwood Blvd. Suite 223 Novato CA 94947 Customer 0065153 1-800-938-8815 ext. 1 TiN: 26-0259046 Credit Sale 01490142 CBI To TE a Ta Amount Due $0 Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 80292 Order Number ~~ ~~ CAE 2180074: Contact Brandon Bassir Attorney nisi EE ties eH David Voss: Ev Billing Code oo ‘Case Tile 17 10 SFist Rose Joyce vs. H. Bronson Bassir, DDS; Inc. Court Superior Court of California, Orange County CourtTransaction: Number: 3694488: .... "© Hi Ede Case Number 30-2017-00925802-CU-BC-CJC Doguments;, EE Ex Parte Application ~ Other. ~~ : gE Court Filing Fee $60.00 Court Technology Access Fee $2.25 SUBTOTAL $62.25 eFiling Charge $9.95 Bar Association Discount ($1.00) Convenience Feet $1.56 SUBTOTAL : $10.51 Disbursements $62.25 One Legal Fees $10.51 TOTAL CHARGED $72.76 * These mandatory fees are charged by the court or required by statute and are not One Legal service fees. One Legal disburses these fees on your behalf. 1 Statutory fees disbursed on your behalf are assessed a 2.6% convenience fee for processing and collecting these disbursements. The convenience fee is waived if you elect the One Lega l ACH payment service. One Legal does not assess a convenience fee on its pr oducts and services. Learn more at www.onelegal.com/ACH ONE LEGAL Cr edit Card Sale Date 8/7/2018 504 Redwood Blvd. Suite 223 Novato CA 94947 Customer 0065153 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Sale 01495061 Billo a hh el a Amount Due $0 Voss, Siiverman & Brat ocke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 "Order Number ~~~ ~~ 12201010 Contact Brandon Bassir Attorney: ma innit a Brando Bassir Billing Code Case Title = + finn ay Rose Joyce vs. H-Bronson Bassir, PDS; ne. Court Superior Court of Callan, Orange County ‘Court Transaction Number = 3696013. : Case Number 30-2017-00925802-CU-BC- cic ‘Documents =. ol Notice of Ruling, Proof of Personal Service - Court Technology Access Fee $2.25 SUBTOTAL $2.25 eFiling Charge $9.95 Bar Association Discount ($1.00) SUBTOTAL $8.95 Disbursements $2.25 One Legal Fees $8.95 TOTAL CHARGED $11.20 * These mandatory fees are charged by the court of required by statute and are not On e Legal service fees. One Legal disburses these fees on your behalf. CONE LEGAL 504 Redwood Blvd. Suite 223 Novato CA 94947 1-800-938-8815 ext. 1 TIN: 26-0259046 Bill To Voss, Silverman & Bo bmooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 80292 Credit Card Sale Date 8/17/2018 Customer 0065153 Credit Sale 01509310 Amount Due $0 “Order Number ERE Contact Attorney Billing Code Case Title Court Court Transaction Number. Case Number Documents STATUTORY DISBURSEMENTS* Court Technology Access Fee SUBTOTAL ONE LEGAL FEES eFiling Charge Bar Association Discount SUBTOTAL FEES SUMMARY Disbursements One Legal Fees TOTAL CHARGED 12232806 - Brandon Bassir Brandon Bassir "Rose Joyce vs. H. Bronson Bassir, DDS, Inc. Superior Court of Gakfamia, Orange County 1531244 30-2017- 00925802- CU-BC-CJC Opposition * These mandatory fees are charged by the court or required by statute and are not One Legal service fees. One Legal disburses these fees on your behalf. PAL (OIUINE $2.25 $2.25 Peis $9.95 ($1.00) $8.95 AMOUNT $2.25 $8.95 $11.20 CONE LEGAL Cred it Card Sale Date 10/9/2018 1400 North McDowell Blvd. Suite 300 Petaluma, CA 94954 Customer 0065153 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Sale 01573545 We've moved! Please update your records with our new mailing address. Amount Due $0 ‘Bill To: a : Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 “OrderNumbar: iE Te 1238182 Contact Brandon Bassir Attorney: ~~ on Brandon Bassi Billing Code CaseTitle ~~ +1... RosedJoyce vs.H. Bronson Bassir, DDS; Inc; Court Superior Court of California, Orange County Court Transaction Number ~~. 3717535 ; Case Number 30-2017-00925802-CU-BC-CJC Documents. ~~ Reply = Other iii STATUTORY DISBURSEMENTS* AMOUNT Court Technology Access Fee $2.25 SUBTOTAL $2.25 ONE LEGAL FEES AMOUNT eFiling Charge $9.95 Bar Association Discount (10%) ($1.00) SUBTOTAL $8.95 FEES SUMMARY AMOUNT Disbursements $2.25 One Legal Fees $8.95 TOTAL CHARGED $11.20 * Thesa mandatory fees are charged by the court or required by statute and are not One Legal service fees. One Legal disburses these fees on your behaif. CONE LEGAL Credit Card Sale Date 11/7/2018 1400 North McDowell Blvd. Suite 300 Petaluma, CA 94954 Customer 0065153 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Sale 01610203 We've moved! Please update your records with our new mailing address. Amount Due $0 BillTo- ; Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 80292 ‘Order Number. ~~ = 112466333 Contact Brandon Bassir SAMorney, FEET TE een Es David Voss: Billing Code Cage Titles han vn Rose Joyce vs. H. Bronson Bassir, DDS, Inc. Court Superior Court of California, Orange County Court Transaction Number ~~~ 1558838 he Sain Case Number 30-2017-00925802-CU-BC-CJC Documents Notice-of Ruling, Supplemental STATUTORY DISBURSEMENTS* AMOUNT Court Technology Access Fee $2.25 SUBTOTAL $2.25 ONE LEGAL FEES ji \v [eli RD eFiling Charge $9.95 Bar Association Discount (10%) ($1.00) SUBTOTAL $8.95 FEES SUMMARY AMOUNT Disbursements $2.25 One Legal Fees $8.95 TOTAL CHARGED $11.20 * These mandalory fees are charged by the court or required by statute and are not On e Legal service fees. One Legal disburses these fees on your behalf, CONE LEGAL Credit Card Sale Date 11/26/2018 1400 North McDowell Blvd. Suite 300 Petaluma, CA 94954 Customer 0065153 1-800-938-8815 ext. 1 TIN: 26-0259046 Credit Sale 01629069 We've moved! Please update your records with our new mailing address. _ _ Amount Due $0 Billo imi id Voss, Silverman & Braybrooke Denisse Gonzalez 4640 Admiralty Way Suite 800 Marina Del Rey CA 90292 OrderNumber ~~ + 12501935 Contact Brandon Bassir Attorney ~~ © Brandon Bassir Billing Code Case Title: Rose Joyce vs. H. Bronson Bassir,: DDS, Inc. Court Superior Court of California, Orange County Court Transaction Number TABB30B2 Tn es Case Number 30-2017-00925802-CU-BC-CJC Documents Notice of Entry of Judgment, Memorandum of Costs (Summary) STATUTORY DISBURSEMENTS” FAV [el0l a Court Technology Access Fee $2.25 SUBTOTAL $2.25 ONE LEGAL FEES PAY [o8] NE eFiling Charge $9.95 Bar Association Discount (10%) ($1.00) SUBTOTAL $8.95 FEES SUMMARY AMOUNT Disbursements $2.25 One Legal Fees $8.95 TOTAL CHARGED $11.20 * Thase mandatory fees are charged by ihe court or required by statute and are not One Legal service fees. One Legal disburses these fees on your behalf. OO 0 0 N N BA W N e e N O N N N N N R m s ee e s ee d e R e e 0 ~~ O N L h hs W N = D O O e N y R W N D = O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18, and not a party] to the within action. My business address is: 4640 Admiralty Way, Suite 800, Marina del Rey, California 90292 6602 On February 1, 2019, I served the foregoing document(s) described as DEFENDANTS’ OPPOSITION TO MOTION TO STRIKE COSTS On the interested parties in this action set forth below [X] by placing [ ] the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: Forrest R. Miller Rose Joyce 540 E. California Blvd., #B 1140 Chestnut Avenue Pasadena, CA 91106 Long Beach, CA 90813 Attorney for Plaintiff/Appellant Rose Joyce Plaintiff in pro per [X] VIAMAIL [X] I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, I deposited the envelope with the U.S. Postal Service on that same day, with the] postage thereon fully prepaid, at 4640 Admiralty Way, Suite 800, Marina del Rey, California 90292, in the ordinar y course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [] VIA OVERNIGHT DELIVERY I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to . I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. [1] VIA PERSONAL SERVICE A true and correct copy of the above referenced document(s) was personally served, by the undersigned, af the office(s) of the addressee(s) during regular business hours on said date. I declare, under penalty of perjury, under the laws of the; State of California, that the above is true and correct. Executed on February 1, 2019, at Marina del Rey, Califorpia A. Brandon Bassir Proof of Service