Minseok Lee vs Starbucks Corporation

Motion to Tax Costs

Cal. Super. - 2nd Dist.July 1, 2016

Electronically FILED by Supedbr Court of California, County of Los Angeles on 01/02/2019 03:02 PM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Williams,Deputy Clerk Z:\Clients\Motion to Tax A L N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Costs MEMORANDUM OF) 8 POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO STRIKE OR TO TAX COSTS (2). wpd URIGINAL LAW OFFICES OF MARK C. KIM MARK C. KIM, ESQ. [S.B. #213735] 3600 Wilshire Boulevard, Suite #2036 Los Angeles, California 90010 Tel: (213) 252-2224 Fax: (213) 221-4046 Attorney for Plaintiff MINSEOK LEE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES (CENTRAL DISTRICT) MINSEOK LEE, an individual, CASE NO. BC625700 Plaintiff, JUDGE: HON. VALERIE SALKIN Vs. PEPTIC STARBUCKS CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE, NOTICE OF MOTION AND MOTION TO TAX COSTS; MEMORANDUM OF Defendants. POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO TAX COSTS Date: February 6, 2019 Time: 8:30 a.m. Complaint Filed: July 1, 2016 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 6, 2019 at 8:30 a.m., or as soon as the matter may be heard in Department C of the above-entitled court, MINSEOK LEE will, and hereby does move the Court for a Motion to Tax the Costs filed on behalf of STARBUCKS CORPORATION. This motion will be based on this Notice of Motion, the Memorandum of Points and Authorities, the records and files herein, and on such oral argument and evidence as may be presented at the hearing of this motion. 1 1 ; MEM DUM OF POINTS AND AUTHORIT Z:\Clients\Motion to Tax 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CostsMEMORANDUM op 8 POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO STRIKE OR TO TAX COSTS (2).wpd MEMORANDUM OF POINTS AND AUTHORITIES L STATEMENT OF FACTS Trial in this case commenced on September 11,2018 and culminated in a verdict on September 24,2018. The Court entered judgment in this matter on November 20, 2018. On December 10, 2018, Attorney Shayne Figgins, counsel for STARBUCKS CORPORATION, executed a Memorandum of Costs seeking costs in the amount of $16,302.94. No documentation for any costs was supplied, leaving Plaintiff to only guess the propriety of the costs. As such, Plaintiff seek an order striking that portion for which Defendant lacks standing and taxing the costs for which no documentation is provided. IL ALL COSTS REQUESTED IN THE MEMORANDUM LACK EVIDENTIARY SUPPORT Defendant submitted its memorandum of costs absent any supporting back-up documentation for some of the specific costs items. Plaintiff prefaces this motion by opining that they are prejudiced by the lack of supporting exhibits, prohibiting a thorough analysis to determine if the costs claimed are proper. It is difficult, if not impossible to determine the reasonableness and need for the claimed costs absent proof. Items properly objected to are put in issue, and the burden of proof is on the party claiming them as costs. Ladas v. California State Auto Ass’n 19 Cal.App.4th 761, 774-76. Here, Plaintiff is left to guess or surmise at what some of the costs include. Plaintiff needs to see the back-up documentation; this is particularly necessary for cost item 2 (jury fees), item 4 (Deposition costs), item 8 (Witness fees), item 11 (Models, blowups, and photocopies of exhibits), and item 12 (Court reporter fees). While a portion of these costs may be appropriate, absent back up documentation, Plaintiff is unable to assess the propriety of the costs. Accordingly, Plaintiff requests that Defendant provides the supporting documentation to substantiate its various claimed costs. To the extent Defendant cannot substantiate any costs, such costs must be taxed. 2 MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES Z:\Clients\Motion to Tax Oo 0 Nu 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 CostssMEMORANDUM op 8 POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO STRIKE OR TO TAX COSTS (2).wpd 1. Filing and Motion Fees - Line 1 Defendant claims $541.61 in filing and motion fees. There is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 2. Jury Fees - Line 2 Defendant seeks recovery of $365.79 in jury fees. There is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 3 Deposition Costs - Line 4 Defendant seeks to recover $3,326.81 for deposition costs. There is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 4. Service of Process - Line 5 Defendant seeks to recover $338.00 for Service of process. There is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 5. Witness Fees - Line 6 Defendant claims $8008.25 in Witness fees. Again, there is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 6. Models, Blowups, and Photocopies of Exhibits - Line 11 Defendant claims costs of $421.60 for Models, blowups, and photocopies of exhibits. There is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 7. Court Reporter Fees as Established by Statute - Line 12 Defendant claims $3,300.88 in Court reporter fees as established by statute. Yet again, there is no documentation provided to support these amounts. Therefore, Plaintiff requests that the court tax the full amount of these costs. 3 MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Z:\Clients\Motion to Tax CostssMEMORANDUM OF) 8 POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION TO STRIKE OR TO TAX COSTS (2).wpd IIL. CONCLUSION The memorandum of costs filed by Attorney Shayne Figgins is improper and must be stricken. Defendant has failed to provide any documentation of its claims. Unless such documentation is provided, all costs should be taxed. Dated: December 27, 2018 LAW OFFICES OF MARK C. KIM Mark C. Kim, Esq. Attorney for Plaintiff 4 MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES OO 00 9 OO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Z:\Clients\(2) INACTIVE DQ 8 CASES\Lee, Minseok (PI 07-31-15)\Discovery\Minseok- Propounded\Propounded to Starbucks Set 1\Minseok Lee-Req. Admissions. wpd PROOF OF SERVICE MINSEOK LEE v. STARBUCKS CORPORATION Case No. BC625700 STATE OF CALIFORNIA ) ) S.S. COUNTY OF LOS ANGELES ~~) The undersigned, certify and declare as follows: I am over the age of 18 years, and not a party to this action. My business address is 3600 Wilshire Boulevard, Suite 2036, Los Angeles, California 90010, which is located in the county of Los Angeles, State of California. On December 27, 2018, I served the following document(s): NOTICE OF MOTION AND MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO TAX COSTS on the parties stated below, placing the original and/or true copies thereof in a sealed envelope addressed to: Maria Keller Shayne Figgins 601 S. Figueroa Street, Suite 4050 Los Angeles, California 90017 Phone: (213) 330-3336 Facsimile: (213) 947-0700 Attorney for Defendant, STARBUCKS CORPORATION [ x | BY MAIL: I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business and that said envelope was placed for collection and mailing on that date following ordinary business practices. Executed on December 27, 2018, at Los Angeles, California. I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. By: SPER KIM 5 AINTIFF’ UESTS FOR ADMISSIONS, SET D UCK ION