Motion_to_tax_costsMotionCal. Super. - 2nd Dist.April 17, 2014Electronically FILED by Sy aA W O N oe 0 9 S N Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 perior Court of California, County of Los Angeles on 02/05/2019 03:23 PM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Boyadzhyan,Deputy Clerk Todd E. Verbick, Esq. [SBN: 183731] Dena M. Gappy, Esq. [SBN: 249407] GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, CA 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@Gappylaw.com, Dena@Gappylaw.com Attorneys for Plaintiff, GLORIA JEAN MALABED-VERONA SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES, NORTHWEST DISTRICT GLORIA JEAN MALABED-VERONA, VALENTINO AGUCAY VERONA, REBECCA JEAN VERONA, Plaintiffs, VS. CRAIG HOLLAWAY, and DOES 1 to 20, Defendants. Case No.: BC542893 ASSIGNED TO DEPARTMENT T (VAN NUYS COURTHOUSE EAST) Date Filed: April 17,2014 Trial Date: June 14, 2016 PLAINTIFF’S AMENDED NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF T. VERBICK; EXHIBITS; AND PROOF OF SERVICE Hearing Date: March 18, 2019 Hearing Time: 8:30 a.m. Department: T RESERVATION #: 965174818018 TO THE COURT, ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on March 18, 2019 at 8:30 a.m., or as soon thereafter as this matter may be heard, Plaintiff, GLORIA JEAN MALABED-VERONA (hereinafter referred to as “Plaintiff”’) will appear in Department T of the Van Nuys Courthouse East, located at 6230 Sylmar Avenue, Los Angeles, California 91401, to move the Court for an Order striking or taxing 1 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE aA W O N oe 0 9 S N Wn 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 costs in the above-captioned case. This Amended Notice is intended to supersede previous notice of motion for a hearing in Department B of the same court on March 15, 2019. The Motion is based upon this notice, the attached Memorandum of Points and Authorities, the Declaration of Todd Verbick; supporting exhibits filed herewith; upon the Judgment, records and files in this action; and upon such further evidence and argument as may be presented at the time of hearing on the Motion. DATED: February 5, 2019 GAPPY & VERBICK LLP EES USK TODD E. VERBICK, ESQ. DENA M. GAPPY, ESQ. Attorneys for Plaintiff GLORIA JEAN MALABED-VERONA p NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE oe 0 N N tn A W N = NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O MEMORANDUM OF POINTS AND AUTHORITIES I. FACTUAL BACKGROUND On date, 2017, Plaintiff appealed this case to the California Court of Appeals, Second Appellate District, Division 4. [Declaration of Todd Verbick (hereinafter “Verbick Dec.”), 2.] On July 3, 2019, the Second District issued a Remittitur including notice of the decision affirming the trial court judgment on October 30, 2018, and indicating that “Respondent shall recover his costs on appeal.” [Verbick Dec., 3.] On January 14, 2019, Defendant/Respondent CRAIG HOLLAWAY (hereinafter “Defendant”) served on Plaintiff a Memorandum of Costs for costs awarded on Appeal/Remittitur. [Verbick Dec., {4.] By the Memorandum of Costs, Defendant seeks $2,639.68 in costs incurred on appeal. [/d.] On January 25, 2019, Plaintiff requested invoices, receipts and other backing documentation supporting the costs on appeal Defendant is seeking to recovery. [Verbick Dec., q 5; see also, Exhibit “1.”] On January 29, 2019, Defendant provided copies of invoices to support the claimed costs. [Verbick Dec., ] 6; see also, Exhibit “2.”] On January 30, 2019, Plaintiff asked Defendant to provide additional support for two costs in particular not clearly supported by the documentation provided, and not clearly costs which are recoverable under the Rules of Court. [Verbick Dec., { 7; see also, Exhibit “3.”] Not having received a response to the request, on February 4, 2019, Plaintiff once again requested documentation supporting the two claimed costs. [Verbick Dec., { 8; see also, Exhibit “4.””] Plaintiff’s counsel attempted to contact Defendant’s counsel on February 4, 2019 at 9:17 a.m. and left counsel a voice mail message seeking the information about the two costs. [Verbick Dec., {9.] Plaintiff’s counsel contacted Defendant’s counsel’s assistant, Janet Verdin, and directly requested information about the two costs. [/d.] The assistant indicated Defendant’s counsel was occupied on the telephone, and would return the call thereafter. [Verbick Dec., {9.] As the time of the filing of this motion, Defendant’s counsel did not provide the information requested to support the two cost items as recoverable costs. [Id.] 111 111 3 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE [a II. LEGAL ARGUMENT A. Rule Of Court 8.278 Dictates Which Costs On Appeal Are Recoverable By The Prevailing Party California Rules of Court, Rule 8.278, states in pertinent part, as follows: (d) Recoverable costs (1) A party may recover only the following costs, if reasonable: Lo 0 uN SN nt A W N NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O (A) Filing fees; (B) The amount the party paid for any portion of the record, whether an original or a copy or both. The cost to copy parts of a prior record under rule 8.147(b)(2) is not recoverable unless the Court of Appeal ordered the copying; (C) The cost to produce additional evidence on appeal; (D) The costs to notarize, serve, mail, and file the record, briefs, and other papers; (E) The cost to print and reproduce any brief, including any petition for rehearing or review, answer, or reply; (F) The cost to procure a surety bond, including the premium, the cost to obtain a letter of credit as collateral, and the fees and net interest expenses incurred to borrow funds to provide security for the bond or to obtain a letter of credit, unless the trial court determines the bond was unnecessary; and (G) The fees and net interest expenses incurred to borrow funds to deposit with the superior court in lieu of a bond or undertaking, unless the trial court determines the deposit was unnecessary. As will be seen herein below, Defendant claims costs for two items totaling $878.58, one of which that does not fall within the express categories of recoverable costs under Rule 8.278, and one of which is described as falling under one of the categories but is not supported by a receipt or invoice despite a request for same. [Verbick Dec., {9.] B. Standard For Court’s Granting Of Costs The right to recover costs is purely a creature of statute, and the applicable statute defines the extent of a party’s right to recover costs. [See, People v. United States Fire Ins. Co. (2012) 210 Cal. App.4'" 1423, 1427.] The mere filing of a motion to tax costs may be a proper objection to an item, the necessity of which appears to be doubtful, or which does not appear to be proper on its face. [See, Nelson v. Anderson (1999) 72 Cal.App. 4" 111, 131.] The court’s first 4 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE Oo 0 NN S N nt A W N NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O determination, therefore, is whether the statute expressly allows the particular item, and whether it appears to be proper on its face. If so, the burden is on the objecting party to show them to be unnecessary or unreasonable. [Id.] If the items are properly objected to, those are put in issue and the burden of proof is on the party claiming those as costs. [Ladas v. California State Auto. Assn. (1993) 19 Cal.App.,4" 761, 774.] Once costs claimed in the memorandum are challenged by motion to tax, documentation must be submitted to sustain the burden. [Emphasis added] [Jones v. Dumrichob (1998) 63 Cal. App.4® 1258, 1265; see also, Oak Grove Sch. Dist. v. City Title Ins. Co. (1963) 217 Cal. App.2d 678, 698; Ladas v. Cal. State Auto. Assoc., supra, 19 Cal. App.4™ at 774.] C. Specific Costs At Issue In This Motion 1. Item 11-Models, blowups and photocopies of exhibits - $310.66 Defendant claims to have incurred a cost of $310.66 at “Kinkos/Fedex” for “Copying/Binding of [Respondent’s Brief].” While this cost may be recoverable as a “cost to print and reproduce any brief,” the receipt provided to support this cost does not include the name of a vendor or the date that the claimed service was provided by the vendor. [Verbick Dec., J 10; see also, Exhibit “3.”] Although it is not a technical requirement that the Memorandum of Costs include a worksheet or other documentation supporting the claimed costs, it is appropriate that a timely challenge via a motion to strike or tax may demand documentation supporting costs. [See, Jones v. Dumrichob (1998) 63 Cal. App.4™ 1258, 1265.] Unless Defendant can satisfy its burden by meeting the reasonable request that an appropriately identified receipt for the service be presented in support of the claimed cost, it should be stricken by the court. [See, Jones v. Dumrichob, supra.] 2. Item 13-Other: Costs Incurred On Appeal - $567.92 Defendant claims to have incurred a cost of $567.92 at “DDS” for “Fees Due to Clerk of the Court.” Defendant presents an invoice purportedly from “DDS Legal Support” for this amount, but it is not clear what “Fees Due to the Clerk of Court” were incurred by Defendant, and Defendant has provided no explanation despite Plaintiff's inquiry into same. [Verbick Dec., | 10; see also, Exhibit “3.”] There are certain costs to the clerk of court that are recoverable under Rule 5 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE oe 0 N N tn A W N = NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O of Court 8.278(d)(1)(B) and (D), including “B. The amount the party paid for any portion of the 9 record...” and “D. The costs...to file the record, briefs, and other papers. ...”. Review of the invoices supporting Defendant’s Memorandum of Costs shows that Defendant paid $299.70 for the Clerk’s Transcript, and a filing fee of $390, described as a “one time responsive fee” relative to the filing of Respondent’s Brief. [Verbick Dec., { 11; see also, Exhibit “2.”] Those costs are evident in the invoices provided by Defendant. [See, Exhibit “2.”] Despite Plaintiff’s request for an explanation and further documentation of this $567.92 fee to the clerk, Defendant did nothing to clarify this alleged cost and/or to explain how it falls under the categories specifically enumerated under Rule of Court 2.278. [Verbick Dec., { 12.] There is no specific category under which this alleged cost falls, and as such, it is neither reasonable nor necessary and should be stricken from Defendant’s Memorandum of Costs. III. CONCLUSION Based on the foregoing, Plaintiff GLORIA JEAN MALABED-VERONA respectfully requests that the court strikes the $310.66 and $567.92 in costs claimed by Defendant, to reduce Defendant’s recoverable costs to a total of $1,761.10. DATED: February 5, 2019 GAPPY & VERBICK LLP TODD E. VERBICK, ESQ. DENA M. GAPPY, ESQ. Attorneys for Plaintiff GLORIA JEAN MALABED-VERONA 6 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE oe 0 N N tn A W N = NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O DECLARATION OF TODD E. VERBICK I, Todd E. Verbick, declare as follows: L. I am an attorney for Plaintiff/Appellant GLORIA JEAN MALABED-VERONA (hereinafter referred to as “Plaintiff”) in this action and I have personal knowledge of each fact stated in this declaration. If called up to testify about these matters, I could and would competently testify to the following based upon my personal knowledge of the facts. 2, On or about September 30, 2016, Plaintiff appealed this case to the California Court of Appeals, Second Appellate District, Division 4. 3. On July 3, 2019, the Second District issued a Remittitur including notice of the decision affirming the trial court judgment on October 30, 2018, and indicating that “Respondent shall recover his costs on appeal.” 4. On January 14, 2019, Defendant/Respondent CRAIG HOLLAWAY (hereinafter “Defendant”) served on Plaintiff a Memorandum of Costs for costs awarded on Appeal/Remittitur. By the Memorandum of Costs, Defendant seeks $2,639.68 in costs incurred on appeal. [/d.] Se On January 25, 2019, I requested from Defendant’s counsel Brian Dewey invoices, receipts and other backing documentation supporting the costs on appeal Defendant is seeking to recovery. Attached to this Declaration as Exhibit “1” is a true and correct copy of my January 25, 2019 email correspondence to Mr. Dewey. 6. On January 29, 2019, Mr. Dewey’s assistant Janet Verdin provided copies of invoices to support the claimed costs. Attached to this Declaration as Exhibit “2” are copies of the invoices provided by Janet Verdin on January 29, 2019. 7. On January 30, 2019, I asked attorney Dewey to provide additional support for two costs in particular not clearly supported by the documentation provided, and not clearly costs which are recoverable under the Rules of Court. Attached to this Declaration as Exhibit “3” are copies of the January 30, 2019 email correspondence and highlighted invoices for which I was seeking clarification from Defendant. 8. Not having received a response to the request, on February 4, 2019, Plaintiff once again requested documentation supporting the two claimed costs. Attached to this Declaration as Exhibit 7 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE oe 0 N N tn A W N = NN O N N N N N N N e m m e em pm p m em e d R N N R W N S e NN N N T R W DN = O “4” is a copy of the February 4, 2019 email correspondence. 9. On February 4, 2019, I also attempted to contact attorney Dewey on February 4, 2019 at 9:17 a.m. and left counsel a voice mail message seeking the information about the two costs. 1 further contacted Defendant’s counsel’s assistant, Janet Verdin directly at which time I was able to speak with her to request the information about the two costs. She indicated Defendant’s counsel was occupied on the telephone, and would return the call thereafter. As the time of the filing of this motion, Defendant’s counsel did not provide the information requested to support the two cost items as recoverable costs. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _ 5th day of , 20109. odd E. Declarant 8 NOTICE OF MOTION AND MOTION TO STRIKE OR TAX COSTS; POINTS AND AUTHORITIES; DECLARATION; EXHIBITS; AND PROOF OF SERVICE EXHIBIT *1” From: Todd E Verbick To: "Brian Dewey" Cc: "jverdin@mercuryinsurance.com"; Dena M Gappy Subject: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Date: Friday, January 25, 2019 10:40:00 AM Attachments: 2019.01.14 Def"s Add"l Memo of Costs Summary.pdf Importance: High Dear Mr. Dewey: I am following up with you regarding the attached Additional Costs Memorandum. Iam hopeful we can avoid the need for a motion to tax or strike costs at this time. It is difficult to ascertain whether all of the costs included in the attached memo are recoverable under CRC 8.278. For this reason, I am requesting that you provide the invoices and other documentation that show exactly what those costs are and why those were incurred on appeal. It appears the Motion to Tax Costs is due February 4, 2019. In light of the quickly approaching deadline, I request that you provide that information at the latest by noon on Tuesday, January 29, 2019. Your cooperation in this regard would be greatly appreciated on this end, and mutually beneficial for you as well in potentially avoiding unnecessary law and motion work. I suppose we could stipulate for an extension of the due date for the motion, but I see no benefit in pushing this out any further. Thank you in advance for your attention to the foregoing. Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. EXHIBIT *2” MALABED v HOLLAWAY: (Respondent) 16-1003A True Filing (Filed Stip Extend Resp Brief) Norman Schall & Associates (Depo Trans) Superior Court - Clerks Transcripts on Appeal DDS - Fees Due to Clerk of The Court Brenda Sanches, CSR (Reporter Transcripts on Appeal) True Filing - Filing Fee Kinkos/Fedex (Copying/Binding of RB) True Filing - Filed Respondent’s Brief True Filing - Oral Argument Form Filing $ 7.50 $174.00 $299.70 $567.92 $855.70 $ 7.50 $310.66 $409.20 $ 7.50 $2,639.68 Reserved for Clerk's File Stamp SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES Courthouse: Central Civil Appeals Unit (8:30-4:30 M-F) Telephone: (213) 830-0822 8:30- ORIGINAL FILED Stanley Mosk Courthouse 10:30 AM; 1:30-3:30 PM Fax: ! 111 N. Hill Street, Room 111-A (213) 626-6651 NOV £2 20Y7 Los Angeles, CA 90012 civifappeals@lacourt.org ’ Original Trial Court: Notice{s) of Appeal Filed: LOS AN GELES Central Stanley Mosk 9/30/2016 SUPERIOR COURT NER Appelt GLORIA JEAN MALABED-VERONA, ET AL Trial Court Case No: Defendant and Respondent: CRAIG HOLLAWAY (SUPPLEMENTAL) BC542893 Appeal Case No: NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL (Civil) B278154 TO: Appellant Respondent The following is the estimated cost for preparing and delivering the Clerk's Transcript for this appeal. The Appellant(s) must pay for the Original Clerk's Transcript that is delivered to the review court. Pursuant to California Rules of Court (CRC) rules 8.147 8 8.839(b), appellants on multiple appeals, related appeals, or cross appeals, must equally share the cost of preparing the record that is delivered to the review court, unless otherwise agreed by the appellants or ordered by the trial court. Each Appellant and Respondent may pay the cost separately to receive their own individual copy. Repro cost {per page) Estimate for each Clerk's Transcript - itemization [Ror Alt documents/exhibits designated by parties and documents required by CRC rules 8.122 or 8.832. 523 $0.50 $261.50 Chronological and Alphabetical Index, and Certification required by CRC rule 8.144 8 $0.50 $4.00 Volume covers required by CRC rule 8.144 2 $0.50 $1.00 Certification of appeal record per Government Code section 70626 and CRC rule 8.144 $25.00 Other: ITEMIZED COST OF TRANSCRIPT, SEE TOTAL DUE BELOW $291.50 # of Appellants: 1 # of Respondents: 1 PARTY RESPONSIBLE FOR PAYMENT plipfeyine. Cast for each . Less $100 filing fee UPS Mail * Roa y:NE Aiea Tele TS LEH elT 4 {Enter names of parties below) [SE] [apa] (CLT) 1813 {required) aa Appellant DENA M. GAPPY $291.50 $291.50 No $8.20 $591.20 No Appellant No $0.00 No Appellant No $0.00 No Appellant No $0.00 No Respondent "JEFFREY S, BRETOI N/A $291.50 N/A $8.20 $299.70V No Respondent N/A N/A $0.00 No Respondent N/A N/A $0.00 No Respondent N/A N/A $0.00 No if Appellant(s} fails) to pay the cost{s) within 10 calendar days of the date this natice is mailed {see due date below), the appeal will be placed in default and may be dismissed by the review court. If Respondent(s} fail(s} to pay the cost(s} within 10 calendar days of the date this notice is mailed {see due date below}, the court will proceed with the appeal record designated by the appellant{s) only. UNLIMITED CIVIL APPEALS: Mait check payable to "Los Angeles Superior Court," or present cash or credit card at Central Civil Appeals unit {see addrass above). PAYMENT DUE BY: Ll LIMITED CIVIL APPEALS: Mail a cashier's check or money order payable to "Los Angeles Superior Court,” or present cash or 1 2 / 4 /17 } Pr credit card at Central Civil Appeals unit {see address above}. : : Do not remit payment to any other branch of the Superior Court. A copy of receipt will be mailed if a self- addressed envelope is provided. NOTICE OF FEES DUE FOR CLERK'S TRANSCRIPT ON APPEAL LA APP 009 {Rev) (Civil) LASC Revised 05/15 Cal. Rules of Court, rules Eor Optional Use 8.122, 8.144, 8.147, and 8.832 DDS LEGAL SUPPORT 2900 BRISTOL, SUITE E-106 COSTA MESA, CA 92626 714-662-5555 TAX ID: 33-0298466 CASE NAME: MALABED v HOLLAWAY DATE DESCRIPTION INV# AMOUNT 05/15/17 | Notice Fees Due to the Clerk of the Court 3167949 $567.92 Total Due $567.92 Make all checks payable to DDS Legal Support Systems, Inc. Thank you for your Business! Norman Schall & Associates CERTIFIED SHORTHAND REPORTERS 1055 WILSHIRE BLVD, #1503 * LOS ANGELES, CALIFORNIA 90017 ¢ TELEPHONE (213) 481 ~3600 OUR FILE NO. vee EE EMPLOYER ID NO 95- 2128090 EBETUE] 4 SEP 192018 ll Colm Bh PLEASE NOTE: This invoice Ha FEleit L3 gave idl 1-58525 2018 Co ORIGINALLY BILLED: 11/86/17 atember 1h, By CII PLEASE REFER TO INVOICE NO. RS OF _ ACCOUNTNO. ©.‘ gar ) KRARMER SLVD, BTR. 24 INBRED Lo TCA 92821 EE oo GLORTA JEAN : CLEIDIN ATANOUS, MSO. ~~ oo 00 HALARED: VERONA vs. re] FA Em, wd wy, STEER : CRAIG HOLLAY ~ ALE ENT GLORIA TR DATE : SERVICES RENDERED CHARGES va, 2017 Depasition(s) of COURT on 7 Th ORIGINAL AND ONE CORY. . . . . . «Lo 128, HG HANI MLANG & DELIVERY oo SN 1 Cs Bi empe pay this Emount. LoL ce a ca S174, 60 ed Ham TG TO INSURE PROPER CREDIT, PLEASE RETURN ONE COPY OF THIS INVOICE. and does 3306 Cole Avenue Brenda Sanches, CSR No. 13019 Simi Valley, California 93063 Phone: (661) 513-6100 Email; bsanchescsr@gmail.com BILL TO Law Offices of Cleidin Z. Atanous Attn. Lora D. Martinez 5000 S. Kraemer Boulevard, Suite 205 Brea, CA 92821-6761 (714) 528-8226 STATEMENT # 29875 DATE: 2/23/2018 COMMENTS Once payment is received, the transcripts will be mailed shortly thereafter production is complete. Please note, there will be separate billing for 6/14/16 from D. Haaker. Gloria Jean Malahat Varn vs. Craig Holloway Case No. BC542893; Appeal Case No. B278154 Court Statutory Rate $1.15/per page Electronic Version $0.15/per page 6/15/2016 169 pages 219.70 6/16/2016 116 pages 150.80 6/17/2016 153 pages 198.90 6/20/2016 65 pages 84.50 6/21/2016 90 pages 117.00 6/22 & 8/26 | 31 pages 40.30 Master Index | 15 pages 19.50 Shipping & Handling 25.00 man | GOAT | men | havser | Ceara’ | mourou 855.70 Statement # Statement # Date Date Amount Due Amount Due Amount Enclosed Amount Enclosed Make all checks payable to Brenda Sanches * THANK YOU FOR YOUR BUSINESSE. a TrueFiling Receip i DATE: 08-07-2018 RECEIPT #: 636692631044837224240 AUTHORIZATION CODE: 057894 CAsmaiE GouRE. ASE NUMBER | ee Cstelck Court of B278154 Malabed-Verona v. Hollaway on : = CleldinzAtanous1390745 Notice of Change of Address © NOTICE - CHANGE OF ADDRESS ~~ $0.00 SERVICING FEE $7.50 TOTAL $7.50 | DARLENE ImageSoft, Inc. - 25900 W. 11 Mile Rd, Suite 100 - Southficld, MI - 48034 Sub-Total 288.32 Tax 22.34 Deposit 0.00 Total 310.66 Visa (8) 310.66 Account: 0221 Auth: 047145 (A) Total Tender 310.66 Change Due 0.00 Total Discounts 50.82 NARRATE Brenig Receipt DATE: 06-25-2018 RECEIPT #: 636655452180630183124 AUTHORIZATION CODE: 005881 - CA 2nd District Court of . - Appeal | B278154 Malabed-Verona v. Hollaway | Temponiy-996022 | Fr1932 1231-2018 , - BRIEF - RESPONDENTAE™S BRIEF Respondents Bre (WITH ONE TIME RESPONSIVE FEE) #29090 © SERVICINGFEE ~~ $7.50 RU TOTAL $409.20 ImageSoft, Inc. - 25900 W. 11 Mile Rd, Suite 100 - Southfield, MI - 48034 EXHIBIT “3” From: Todd E Verbick To: Janet Verdin; Brian Dewey Cc: Dena M Gappy; Cleidin Atanous; Admin at Gappy & Verbick LLP Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Date: Wednesday, January 30, 2019 1:01:00 PM Attachments: 2019.01.30 Invoices Supporting Def-Resp Add"al Costs-G&V Response.pdf Brian: I have attached highlighted portions of the invoice summary and invoices/receipts about which I have questions. The two costs that are not clear are the following: 1. “DDS - Fees Due to Clerk of the Court” ($567.92) - What “fees” is this referencing? To which court were the fees paid? It is listed under “13. Other: Costs incurred on Appeal” on Defendant/Respondent’s Memorandum of Additional Costs. It does not appear to be a fee for the clerk’s transcript, as that is the subject of another invoice totaling $299.70. It is not a filing fee as the filing fees for the Respondent’s brief is included in the “True Filing - Filed Respondent’s Brief.” It is not evident what this fee is and whether it is recoverable under CRC 8.278(d). Please clarify, otherwise this cost will have to be challenged. 2. “Kinkos/Fedex (Copying/Binding of RB)” ($310.66) - The receipt provided as supposed support for this cost is not dated and does not identify the vendor. Given these omissions, this cost will have to be challenged as well. Please provide clarification and additional supporting documentation to justify these two costs. I ask that you do so by the end of the day tomorrow (Thursday, Jan. 31, 2019), so that our office can plan accordingly. Thank you in advance for your continued cooperation on these issues. Best regards, Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. From: Janet Verdin Sent: Tuesday, January 29, 2019 9:55 AM To: Todd E Verbick ; Brian Dewey MALABED v HOLLAWAY: (Respondent) 16-1003A True Filing (Filed Stip Extend Resp Brief) Norman Schall & Associates (Depo Trans) Superior Court - Clerks Transcripts on Appeal DDS - Fees Due to Clerk of The Court Brenda Sanches, CSR (Reporter Transcripts on Appeal) True Filing - Filing Fee Kinkos/Fedex (Copying/Binding of RB) True Filing - Filed Respondent’s Brief True Filing - Oral Argument Form Filing $ 7.50 $174.00 $299.70 $567.92 $855.70 $ 7.50 $310.66 $409.20 $ 7.50 $2,639.68 DDS LEGAL SUPPORT 2900 BRISTOL, SUITE E-106 COSTA MESA, CA 92626 714-662-5555 TAX ID: 33-0298466 CASE NAME: MALABED v HOLLAWAY DATE | DESCRIPTION INV# AMOUNT 05/15/17 | Notice Fees Due to the Clerk of the Court 3167949 | $567.92 Total Due $567.92 Make all checks payable to DDS Legal Support Systems, Inc. Thank you for your Business! Sub-Total 288.32 Tax 22.34 Deposit 0.00 Visa (8S) 310.66 Account: 0221 Auth: 047145 (A) Total Tender 310.66 Change Due 0.00 Total Discounts 50.82 INARA REA EXHIBIT “4” From: Todd E Verbick To: "Janet Verdin"; "Brian Dewey" Cc: Dena M Gappy; "Cleidin Atanous"; Admin at Gappy & Verbick LLP Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Date: Monday, February 4, 2019 9:03:00 AM Importance: High Hi Brian: Please see the email below. Do you have any further documentation to support the two costs referenced below? I would like to avoid a motion to tax costs, but unless I receive further documentation of those costs, I will go forward with that today. Please respond this morning to eliminate the need to take that step. Thanks. Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. From: Todd E Verbick Sent: Wednesday, January 30, 2019 1:02 PM To: Janet Verdin ; Brian Dewey Cc: Dena M Gappy ; Cleidin Atanous ; Admin at Gappy & Verbick LLP Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Brian: I have attached highlighted portions of the invoice summary and invoices/receipts about which I have questions. The two costs that are not clear are the following: 1. “DDS - Fees Due to Clerk of the Court” ($567.92) - What “fees” is this referencing? To which court were the fees paid? It is listed under “13. Other: Costs incurred on Appeal” on Defendant/Respondent’s Memorandum of Additional Costs. It does not appear to be a fee for the clerk’s transcript, as that is the subject of another invoice totaling $299.70. It is not a filing fee as the filing fees for the Respondent’s brief is included in the “True Filing - Filed Respondent’s Brief.” It is not evident what this fee is and whether it is recoverable under CRC 8.278(d). Please clarify, otherwise this cost will have to be challenged. 2. “Kinkos/Fedex (Copying/Binding of RB)” ($310.66) - The receipt provided as supposed support for this cost is not dated and does not identify the vendor. Given these omissions, this cost will have to be challenged as well. Please provide clarification and additional supporting documentation to justify these two costs. I ask that you do so by the end of the day tomorrow (Thursday, Jan. 31, 2019), so that our office can plan accordingly. Thank you in advance for your continued cooperation on these issues. Best regards, Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. From: Janet Verdin Sent: Tuesday, January 29, 2019 9:55 AM To: Todd E Verbick ; Brian Dewey Cc: Dena M Gappy Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Dear Mr. Verbick: Attached are the invoices. Janet Verdin Supervising Secretary and Assistant to Brian S. Dewey Raffalow, Bretoi, Lutz & Stele - Attorneys at Law Mercury Insurance Group 2545 W. Hillcrest Drive - Suite 110 Thousand Oaks, CA 91320 Telephone: 800-942-5400 x 2 - Facsimile: 888-906-4936 e-mail: JVerdin@mercuryinsurance.com in-house extension - 24433 5 Please consider the environment before printing this email. *Electronic service of documents is NOT accepted at this email address. From: Todd E Verbick Sent: Tuesday, January 29, 2019 9:33 AM To: Janet Verdin ; Brian Dewey Cc: Dena M Gappy Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Brian/Janet: Thanks for the response. According to CRC 8.278, the issue of costs on appeal is governed by CRC 3.1700, which states as follows: (3) Extensions of time The party claiming costs and the party contesting costs may agree to extend the time for serving and filing the cost memorandum and a motion to strike or tax costs. [NN extended date for service, and be filed with the clerk. In the absence of an agreement, the court may extend the times for serving and filing the cost memorandum or the notice of motion to strike or tax costs for a period not to exceed 30 days. [CRC 3.1700(b)(3)] I will prepare a stipulation for your office’s execution and for filing with the clerk. On a related issue, is Mercury willing to discuss the possibility of a settlement of the issue of costs that would obviate the need for your office to execute on the cost judgment against Plaintiff/Appelant? Might there be a number that could resolve the entire cost judgment? Please let me know if it makes sense to pursue negotiations along those lines. Thanks. Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. From: Janet Verdin Sent: Tuesday, January 29, 2019 8:54 AM To: Todd E Verbick ; Brian Dewey Cc: Dena M Gappy Subject: RE: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Dear Mr. Verbick: Mr. Dewey is in Court all day today but he requested that | respond to your email. | have been authorized to grant you a 15-day extension of time to file your Motion to Strike or Tax Costs. Additionally, we are working on getting copies of the bills over to you. Please confirm receipt of this email at your earliest convenience. Thank you! Janet Verdin Supervising Secretary and Assistant to Brian S. Dewey Raffalow, Bretoi, Lutz & Stele - Attorneys at Law Mercury Insurance Group 2545 W. Hillcrest Drive - Suite 110 Thousand Oaks, CA 91320 Telephone: 800-942-5400 x 2 - Facsimile: 888-906-4936 e-mail: JVerdin@mercuryinsurance.com in-house extension - 24433 5 Please consider the environment before printing this email. *Electronic service of documents is NOT accepted at this email address. From: Todd E Verbick Sent: Friday, January 25, 2019 10:41 AM To: Brian Dewey Cc: Janet Verdin ; Dena M Gappy Subject: Malabed - Request for Supporting Documentation to avoid Motion to Strike or Tax Costs Importance: High Dear Mr. Dewey: I am following up with you regarding the attached Additional Costs Memorandum. Iam hopeful we can avoid the need for a motion to tax or strike costs at this time. It is difficult to ascertain whether all of the costs included in the attached memo are recoverable under CRC 8.278. For this reason, I am requesting that you provide the invoices and other documentation that show exactly what those costs are and why those were incurred on appeal. It appears the Motion to Tax Costs is due February 4, 2019. In light of the quickly approaching deadline, I request that you provide that information at the latest by noon on Tuesday, January 29, 2019. Your cooperation in this regard would be greatly appreciated on this end, and mutually beneficial for you as well in potentially avoiding unnecessary law and motion work. I suppose we could stipulate for an extension of the due date for the motion, but I see no benefit in pushing this out any further. Thank you in advance for your attention to the foregoing. Todd E. Verbick, Esq. GAPPY & VERBICK LLP 411 Camino del Rio South, Suite 202 San Diego, California 92108 T: (619) 537-0031 F: (619) 550-4680 E: Todd@GappyLaw.com The preceding email message may be confidential or protected by the attorney-client privilege. It is not intended for transmission to, or receipt by, any unauthorized persons. If you have received this message in error, please (i) do not read it, (ii) reply to the sender that you received the message in error, and (iii) erase or destroy the message. Legal advice in the preceding message is solely for the benefit of Gappy & Verbick LLP and its clients and may not be relied upon by any other party. This e-mail message, including any attachments, is for the sole use of the intended recipient, and may contain material that is privileged or confidential and legally protected from disclosure. If you are not the intended recipient or have received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments. oe 0 N N U t A W N = ND N N N N N N N N N EE m m em p m em pm em em e d R N N R W N S N N N T R W DN = O Case Name: MALABED v. HOLLAWAY Los Angeles Superior Court Case No.: BC542893 PROOF OF SERVICE I hereby declare as follows: I am, and was at the time of service of the papers referred to herein, over the age of eighteen years, not a party to the action, and am employed in the County of San Diego, California. My business address is 411 Camino del Rio South, Suite 202, San Diego, California 92108. On the date set forth below, I caused to be served the following documents: PLAINTIFF'S AMENDED NOTICE OF MOTION AND MOTION TO TAX OR STRIKE COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF T. VERBICK; EXHIBITS; and PROOF OF SERVICE of which the ORIGINAL DOCUMENT or a TRUE AND CORRECT COPY is attached hereto, addressed to each such addressee respectively as follows: SEE ATTACHED SERVICE LIST XXX BY E-MAIL: I caused said document(s) to be delivered via electronic mail (e-mail) to the person(s) so designated above. 0 BY U.S. MAIL: I placed each sealed, prepaid envelope, for collection and mailing at 411 Camino del Rio South, Suite 202, San Diego, CA 92108. I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service pursuant to which practice the correspondence will be deposited with the United States Postal Service this same day in the ordinary course of business XXX BY FACSIMILE: I caused said document(s) to be transmitted by facsimile transmission. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth above. The sending facsimile machine properly issued a transmission report confirming that the transmission was complete and without error. 0 BY OVERNIGHT MAIL: I caused said document(s) to be deposited in a box or other facility regularly maintained by an express service carrier providing overnight delivery in an envelope or package designated by the express service carrier with delivery fees paid or provided. 00 BY PERSONAL SERVICE: 1 caused such document(s) to be hand-delivered to the person(s) served hereunder at [address], [city], California on [insert date]. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 5, 2019. Todd E. Verbick 1 PROOF OF SERVICE oe 0 N N U t A W N = ND N N N N N N N N N EE m m em p m em pm em em e d R N N R W N S N N N T R W DN = O Case Name: MALABED v. HOLLAWAY Los Angeles Superior Court Case No.: BC542893 SERVICE LIST Brian S. Dewey, Esq. RAFFALOW, BRETOIL, LUTZ & STELE 2545 West Hillcrest Drive, #110 Thousand Oaks, CA 91320 ATTORNEY FOR: Defendant CRAIG HOLLAWAY T: (800) 942-5400 F: (888) 906-4936 E: bdewey@mercuryinsurance.com Cleidin Z. Atanous, Esq. LAW OFFICES OF CLEIDIN Z. ATANOUS 500 S. Kraemer Boulevard, Suite 205 Brea, CA 92821-6761 Attorney For Respondent CRAIG HOLLAWAY T: (714) 528-8226 F: (714) 528-8227 E: czatanous@yahoo.com 2 PROOF OF SERVICE Journal Technologies Court Portal Make a Reservation GLORIA JEAN MALABED-VERONA ET AL VS CRAIG HOLLAWAY Case Number: BC542893 Case Type: Civil Unlimited Category: Motor Vehicle - Personal Injury/Property Damage/Wrongful Death Date Filed: 2014-04-17 Location: Van Nuys Courthouse East - Department T Reservation Case Name: GLORIA JEAN MALABED-VERONAET AL VS Case Number: CRAIG HOLLAWAY BC542893 Type: Status: Motion to Tax Costs RESERVED Filing Party: Location: Gloria Jean Malabed-Verona (Plaintiff) Date/Time: 03/18/2019 8:30 AM Reservation ID: 965174818018 Fees Description Motion to Tax Costs Credit Card Percentage Fee (2.75%) TOTAL Payment Amount: $61.65 Account Number: XXXX4930 Van Nuys Courthouse East - Department T Number of Motions: 1 Confirmation Code: CR-TUDKBDQKPINASJVFJ Fee Qty 60.00 1 1.65 1 Type: Visa Authorization: 04376G Amount 60.00 1.65 $61.65
