Motion_to_tax_costsMotionCal. Super. - 2nd Dist.August 9, 2016Electronically FILED by Suplkrior Court of California, County of Los Angeles on 03/29/2019 05:10 PM Sherri R. Carter, Executive Officer/Clerk of Court, by A. Trinh,Deputy Clerk AN nn W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation Scott B. Spriggs (SBN 118716) Michael F. Moon (SBN 213975) James H. Goldman (SBN 315132) KINKLE, RODIGER AND SPRIGGS Professional Corporation 3333 Fourteenth Street Riverside, California 92501 (951) 683-2410 / FAX (951) 683-7759 Attorneys for Defendants, SOO RAN BAEK and TED MOON SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES DONALD CLEEK; TINA GUARDANAPO, CASE NO.: BC629907 NOTICE OF MOTION AND MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN ) ) Plaintiffs, ) ) ) ) SUPPORT THEREOF ) ) ) ) ) V. SOO RAN BAEK, et al., DATE: July 3, 2019 TIME: 1:30 p.m. DEPT.: 4b Defendants, TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on xxxxxx, at 8:30 a.m., or as soon thereafter as the matter may be heard in Department 7 of the above-entitled court located at 321 N. Spring Street, Los Angeles, CA 90012, Defendants, SOO RAN BAEK (hereinafter “BAEK”) will move this court for an order taxing costs, striking and/or reducing the amounts claimed in: 1) Filing and motion fees: 5) Service of Process; 8) Witness Fees; and 16) Other of Plaintiffs’ Memorandum of Costs pursuant to California Code of Civil Procedure, Section 1033.5, and California Rules of Court, Rule 3.1700(b) of plaintiff’s memorandum of costs. 1" 1" 1" 1 MOTION TO TAX COSTS AN nn B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation BAEK will move to tax costs as follows: 1. Filing Fees and Motion Fees: Filing fees in the amount of $2,215.00, as some of the fees were not reasonably necessary to the conduct of the litigation, and were not relevant to plaintiff’s complaint against BAEK; 2. Service of Process: Service of process, in the amount of $150.00 as those fees were not itemized to determine how, when, or why such costs were incurred, no bills were attached, no worksheet is provided, and there is no declaration to justify or substantiate such costs. Furthermore, plaintiff failed to advise whether service was by a public officer, registered process server, or other means; 3. Witness fees in the amount of $275.00, as those fees are not itemized to determine how, when, or why such costs were incurred, no bills were attached, no worksheet is provided, and there is no declaration to justify or substantiate such costs. 6. Other costs in the amount of $1,342.00, as those fees are not itemized to determine how, when, or why such costs were incurred, no bills are attached, no worksheet is provided, and there is no declaration to justify or substantiate such costs. This motion will be based on the grounds that plaintiff’s are not entitled to costs as claimed pursuant to inter alia Code of Civil Procedure, Section 1033.5, and California Rules of Court, Rule 31700(b). This motion is based on this notice, memorandum of points and authorities served and filed herewith, and on the records, pleadings, and files in this action, and upon such oral and other documentary evidence as may be presented on the hearing on this motion. DATED: March 29, 2019 KINKLE, RODIGER AND SPRIGGS Professional Corporation SAL Aa H. GOLDMAN p= MOTION TO TAX COSTS AN nn W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation MEMORANDUM OF POINTS AND AUTHORITIES I INTRODUCTION As this court is aware, trial in this matter commenced on November 27, 2018. Plaintiffs, having received a favorable verdict, now seeks to tax all costs regarding this matter solely against BAEK. II BAEK MAY SEEK TO STRIKE OR TAX COSTS California Rules of Court, Rule 3.1700 (b) (1) states in pertinent part: Any notice of motion to strike or to tax costs shall be served and filed within 15 days after the service of the costs memorandum. If the costs memorandum was served by mail, the period is extended as provided by Code of Civil Procedure, Section 1013. Plaintiffs’ served their memorandum of costs by mail on March 14, 2007. Fifteen days after service, plus five additional days as provided by Code of Civil Procedure, Section 1013, is December 11, 2007. Therefore, BAEK’s motion is timely filed. III PLAINTIFF’S MEMORANDUM OF COSTS MUST BE TAXED A. Plaintiffs have the Burden of Establishing its Claimed Costs The right to costs is governed strictly by statute. Hogan v. Ingold (1952) 38 Cal.2d 802, 814, a court has no discretion to award costs not statutorily authorized. If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. (Citation). Ladas v. California State Auto Assn. (1993) 19 Cal.App.4th 761, 744. Whether a cost item was reasonably necessary to litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion. (Citations.) Ibid. In addition, where certain costs are allowable the court upon application of the challenging party may strike those portions of the costs bill that are unreasonable. The basic principles set forth in the code provides that allowable costs shall be 3 MOTION TO TAX COSTS AN nn B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. Code of Civil Procedure, Section 1033.5(c)(2). To recover a cost, it must be reasonably necessary to the litigation and reasonable an amount. (Citation) Thon v. Thompson (1994) 29 Cal.App.4th 1546, 1548. B. Plaintiffs’ Request for Court Filing Fees is Unreasonable and Not Necessary to the Litigation Plaintiffs’ seek $435.00 in filing and motion fees. However, BAEK contends that the only fees reasonable and necessary as to plaintiffs’ prosecution of this matter against BAEK is plaintiffs’ original complaint. However, other than the motion to tax costs and motion to strike costs, the aforementioned filing fees were applicable to all parties in this matter and not limited solely as to BAEK. The court may disallow recovery of filing fees as a cost if the court determines the fees were not reasonably necessary to the litigation. Perko’s Enterprises, Inc. v. R.R.N.S. Enterprise, (1992) 4Cal.App.4th 238, 245. BAEK contends the remainder of plaintiffs’ claimed filing fees were not reasonably necessary to the litigation as it pertained to BAEK. Accordingly, the court must strike all of plaintiffs’ claimed filing fees with the exception of $50.60. The remainder of $261.30 must be apportioned amongst the remaining parties at trial. BAEK contends that there were a total of three parties not inclusive of plaintiff at trial in this matter. Therefore, the $261.30 must be divided by three, leaving costs applicable to BAEK at $87.10. Additionally, plaintiffs’ tax bill is void of any bills or invoices and declaration to justify or substantiate such costs. Therefore, the claimed costs are improperly before this court. C. Plaintiffs’ are Not Entitled to all Service of Process Costs Pursuant to Section1033.5 (a)(4)(A), there is no information to substantiate whether all of the service of process was performed by a registered process server. Therefore, until such time as invoices and documentation including whether the individuals were served by a registered process server and copies of proofs of service for each claimed item are 1" 1" 4 MOTION TO TAX COSTS AN nn B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation submitted, the court must strike all claimed costs. (See Citizens for Responsible Development v. City of West Hollywood, (1995) 39.Cal. App.4th, 409, 506. D. Plaintiffs’ are not Entitled to Witness Fees Plaintiffs’ claim $275.00 in witness fees which is unsupported by any documentation, billing invoices, attachment, or worksheet and declaration to justify or substantiate such costs. Further, BAEK is unable to ascertain why or when said costs were incurred. BAEK questions the necessity of the claimed witness fees as set forth above regarding service of process as not all identified individuals testified at the time of trial. BAEK contends that due to the vague undocumented nature of the claimed witness fees, that the court in its discretion, may strike the entirety of the claimed amount. E. Plaintiffs are not Entitled to the Other Costs Plaintiffs claim $1,342.00 in other costs, but this claim is unsupported as there is simply no documentation to support this claim. There are no billing invoices, attachment, or worksheet and declaration to justify or substantiate such costs. Additionally, BAEK is left to speculate as to why or when said costs were incurred, since Plaintiffs have provided no explanation as to what these costs are. BAEK contends that due to the complete lack of documentation, that it is wholly within the Court’s discretion to strike the entirety of this claimed amount. nn nn nn nn nn nn nn nn nn nn 5 MOTION TO TAX COSTS AN nn B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation Iv CONCLUSION BAEK respectfully requests this court to strike all non-statutorily costs as requested in its entirety. BAEK contends that the statutorily authorized costs as requested must be apportioned by all parties in this matter and the majority of plaintiffs were merely beneficial to the preparation for trial and did not aid the trier of fact in this matter. Accordingly, the court is requested to strike all costs as requested. DATED: March 29, 2019 KINKLE, RODIGER AND SPRIGGS Professional Corporation ATA 6 MOTION TO TAX COSTS AN nn B W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KINKLE, RODIGER AND SPRIGGS Professional Corporation PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA ) ) ss. COUNTY OF RIVERSIDE ) I, Jessica Campbell , state that I am employed in the aforesaid County, State of California; I am over the age of eighteen years and not a party to the within action; my business address is 3333 Fourteenth Street, Riverside, California 92501. On March 29, 2019, I served the foregoing NOTICE OF MOTION AND MOTION TO TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF on the interested parties by placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Riverside, California, addressed as follows and/or by one of the methods of service as follows: Counsel for Pltf, Tina Guardanapo Mr, Derryl S. Halpern The Halpern Law Firm 26500 W. Agoura Road, Suite 212 Calabasas, CA 91302 (818) 785-5999 / FAX (818) 609-1342 Associated Counsel for Plts Mr. Del L. Toledo 2340 West Whitendale Avenue, Ste. A Visalia, CA 93277 (559) 739-7005/ FAX (559) 739-7006 X BY MAIL: I am readily familiar with this firm's practice of collection and processing of correspondence for mailing with the United States Postal Service, and that the correspondence shall be deposited with the United States Postal Service the same day in the ordinary course of business pursuant to C.C.P. 1013(a). BY FAX: In addition to service by mail as set forth above, a copy of said document(s) were also delivered by facsimile transmission to the addressee pursuant to C.C.P. 1013(e). BY PERSONAL SERVICE: I caused to be hand-delivered said document(s) to the office of the addressee, using an attorney service, pursuant to C.C.P. 1011. BY EXPRESS MAIL: I caused said document(s) to be placed in an Express Mail Overnight Envelope and deposited in an Express Mail DropBox to be delivered the following business day pursuant to C.C.P. 1013(c). I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 29, 2019, at Riverside, California. Q Jessica Caflpbell 7 MOTION TO TAX COSTS Make a Reservation | Journal Technologies Court Portal A Journal Technologies Court Portal Make a Reservation i DONALD CLEEK ET ALVS SOO RAN BAEK ET AL | Case Number: BC629907 Case Type: Civil Unlimited Category: Motor Vehicle - Personal Injury/Property i Damage/Wrongful Death | Date Filed: 2016-08-09 Location: Spring Street Courthouse - Department 4B Reservation | Case Name: Case Number: | DONALD CLEEK ET AL VS SOO RAN BAEK ET AL BC629907 i | Type: Status: { Motion to Tax Costs RESERVED | : Filing Party: Location: Bb . Soo Ran Baek (Defendant) Spring Street Courthouse - Department 4B Date/Time: Number of Motions: i 07/03/2019 1:30 PM 1 Reservation ID: Confirmation Code: 850054290817 CR-XTSTVSGCNMTQESGYU | Fees Description Fee Qty Amount | Motion to Tax Costs 60.00 1 60.00 | Credit Card Percentage Fee (2.75%) 1.65 1 1.65 TOTAL $61.65 Payment : Amount: Type: $61.65 AmericanExpress ; Account Number: Authorization: XXXX5005 142491 = Print Receipt | = Reserve Another Hearing Copyright © Journal Technologies, USA. All rights reserved.