Motion Other CLM

Cal. Super. - 2nd Dist.June 17, 2016

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 08:20:00 AM JUDICIAL OFFICER PRESIDING: Vincent O'Neill COUNTY OF VENTURA VENTURA DATE: 07/17/2018 DEPT: 41 CLERK: Julie Childs REPORTER/ERM: None CASE NO: 56-2016-00483062-CU-PA-VTA CASE TITLE: Thornall Johnson vs. Smith CASE CATEGORY: Civil - Unlimited CASE TYPE: PI/PD/WD - Auto EVENT TYPE: Motion - Other (CLM) to tax costs MOVING PARTY: Ronda J McKaig, Kenneth Thornall Johnson CAUSAL DOCUMENT/DATE FILED: Motion to Strike or Tax Costs Motion to Tax Coxs and/or in the Alternative to Strike Cost Items; Memorandum of Points and Authorties; Declaration of Jody C. Moore, Esq., 06/22/2018 STOLO APPEARANCES STOLO Jody C. Moore, counsel, present for Plaintiff(s). Keith Morton, counsel, present for Defendant(s) telephonically. Stolo At 8:52 a.m., court convenes in this matter with all parties present as previously indicated. Matter submitted to the Court without argument. The Court finds/orders: The Court's tentative is adopted as the Court's ruling. Ruling on Plaintiffs' Motion to Tax Costs or Strike Cost Items: The court hereby rules as follows on Plaintiffs' Motion to Tax Costs or Strike Cost Items. Item No. 1: Grant in part as to filing and motion fees in the amount of $294.90, consisting of FAX filing fees and the costs relating to the motion to amend the answer. Defendant will be allowed costs in the amount of $735.00. Please note that the cost memo contains a computation error. (Ladas v. California State Auto Assn. (1993) 19 Cal.App.4th 761, 776.) Item No. 5: Grant in part as to service of process fees in the amount of $1650, related to police officer subpoenas. Again the Court notes that the cost memo contains a computation error: the amount being sought under this item of cost is really $2,546.68, not $2,809.74. Defendant will be allowed costs in the amount of $896.68. Item No. 8: Grant as to expert witness fees in the amount of $ 10,903.50. This item of cost is stricken in its entirety. Item No. 11: Grant in part as to photocopies of exhibits in the amount of $425. Even if not used, the trial binders were reasonably necessary to the litigation. (CCP 1033.5(c)(4).) However, the amount VEN-FNR-10.03 MINUTE ORDER DATE: 07/17/2018 Page 1 DEPT: 41 CASE TITLE: Thornall Johnson vs. Smith CASE NO: 56-2016-00483062-CU-PA-VTA claimed appears excessive. Defendant will be allowed costs in the amount of $425. Item No. 12: Grant as to court reporter fees for daily transcripts in the amount of $ 1,350.00. This item is stricken in its entirety. (CCP 1033.5(b)(5).) The Defendant's memorandum of costs is taxed in the total amount of $14,623.34. The Court therefore allows costs in the total amount of $5,291.61 consisting of: $735.00 in filing and motion fees, $1,617.26 in jury fees, $1,617.67 in deposition costs, $425 in photocopying costs and $896.68 in service of process fees. The formal order was signed this date. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 07/17/2018 Page 2 DEPT: 41