Motion_to_tax_costsMotionCal. Super. - 2nd Dist.October 25, 2016Electronically FILED by Superior Court of California, County of Los Angeles on 02/20/2019 10:54 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk o s e 1 O y bn B W R e M R BR BR I B B R BR I B Y R D = = mb be e pd t p d p e l e a e a p m o o =~ O v in B W ND = D D e e s y b n R w Ma = LEHRMAN LAW GROUP KATE S. LEHRMAN [Bar No. 123050] JACQUELINE BRUCE CHINERY [Bar No, 187544] ERIN TALLENT [Bar No. 274813] 12121 Wilshire Boulevard Suite 1300 Los Angeles, CA 90025 (310) 917-4500 (310) 917-5677 (FAX) Attorneys for Defendants BMW OF NORTH AMERICA, LLC and SAI MONROVIA B, INC. dba BMW OF MONROVIA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT ALEJANDRA ESTEFFANI VEGA and ) Case No. BC638612 CENOBIO RAMOZ RODRIGUEZ, ) [Filed: October 25, 2016] ) Plaintiffs, ) Hon, Randolph M. Hammock } Dept. 47 v. ) ) BMW OF NORTH AMERICA, ILLC, a ) DEFENDANTS BMW OF NORTH Delaware Limited Liability Company; SAI ) AMERICA, LLC AND SAI MONROVIA B, MONROVIA B, INC., a California ) INC. DBA BMW OF MONROVIA’S Corporation dba BMW OF MONROVIA, ) MOTION TO STRIKE OR TAX COSTS and DOES 1 through 10, inclusive, ) ) Defendants. ) DATE: May 14, 2019 ) TIME: 8:30am. ) DEPT.. 47 ) ) Reservation ID: 209607764895 ) } DISCOVERY CUT-OFF: 03/19/18 ) MOTION CUT-OFF; 04/02/18 ) TRIAL DATE: 04/16/18 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN, that on May 14, 2019, at 8:30 a.m., or as soon thereafter as the matter may be heard, in Department 47 of the above-entitled Court located at 111 North Hill Street, California 90012, defendants BMW of North America, LLC (BMW NA or 55.270,ET - 00363225.D0C 1 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SA] MONROVIA B, INC. DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS ~ ] hn th R W O N 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 defendant) and SAI Monrovia B, Inc., dba BMW of Monrovia (collectively, defendants) will move the Court, pursuant to Rule 3.1700(b) of the California Rules of Court, to strike the Memorandum of Costs filed by Knight Law Group, LLP or tax $1,755.42 in costs, as follows: (1) $911.96 for court reporter fees, claimed under item 12; 2) $666.58 for attorney service and messenger fees, claimed under item 13; (3) $58.88 for “overnight,” claimed under item 13; # $89.50 for “Transcript,” claimed under item 13; and (5) $28.50 for travel, claimed under item 13. This Motion will be made on the grounds that: (1) these costs are not substantiated; (2) these costs are not allowable, under Code of Civil Procedure section 1033.5, subdivision (b); (3) these costs were not reasonably necessary to the conduct of the litigation, in violation of Code of Civil Procedure section 1033.5, subdivision (¢)(2); (4) these costs are not reasonable in amount, in violation of Code of Civil Procedure section 1033.5, subdivision (¢)(3); (5) these costs were not reasonably incurred by plaintiffs, in violation of Civil Code section 1794, subdivision {d}; and (6) these items are not properly claimed as a cost in this action. This Motion will be based on this Notice, the pleadings, records and files herein, the Memorandum of Points and Authorities and Declaration filed and served herewith, and on such oral and documentary evidence as may be presented at the hearing of this Motion. DATED: February 19, 2019 LEHRMAN LAW GROUP KATE S. LEHRMAN JACQUELINE BRUCE CHINERY ERIN TALLENT By: _BU00 Aer Jacqueline Bruce Chinery Attorneys for Defendants BMW OF NORTH AMERICA, LLC and SAI MONROVIA B, INC. dba BMW OF MONROVIA 55.270.CT - 00363225.DOC 2 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SAI MONROVIA B, INC. DBA BEMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS n e ke WwW MD S W 0 0 a O N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES LL INTRODUCTION Plaintiffs’ Memorandum of Costs should be stricken, or the costs claimed by plaintiffs should be taxed, in the sum of $1,755.42. Code of Civil Procedure section 1033.5, subdivision (c)(2) provides that allowable costs must be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation, Code of Civil Procedure section 1033.5, subdivision {c)(3) provides that allowable costs shall be reasonable in amount. This was a routine lemon law case. The costs claimed by plaintiffs are excessive and unreasonable. IL. PLAINTIFFS HAVE NOT PROVEN THEIR ENTITLEMENT TO $2,580.88 IN COSTS Plaintiffs have not provided documentation to substantiate any of his claimed costs. By way of comparison, in Whatley-Miller v. Cooper (2013) 212 Cal.App.4th 1103, the plaintiffs filed a Memorandum of Costs which included the worksheet’ as well the underlying bills. (Jd. at 1108, 1109.) The Court upheld an award of costs because plaintiffs had “offered the bills to support the amounts requested.” (Jd 1115.) Because Civil Code section 1794, subdivision (d) allows for the recovery of “costs and expenses,” the Court of Appeal in Jensen v. BMW of North America, Inc. (1995) 35 Cal. App.4th 112, held that the statute allows prevailing plaintiffs to recover not only the costs specified in Code of Civil Procedure section 1033.5, but also other “expenses” like expert witness fees that would not otherwise be recoverable. (Jd. at 138.) However, the court stressed that section 1794 only entitles lemon law plaintiffs to costs and expenses that are “‘reasonably incurred ... .’ '" The inclusion of the worksheet can be determined from the court's reference to expert fees “listed in item 8.5.” Item 8.b only appears on the worksheet (Judicial Council Form MC-011), not on the summary page (Judicial Council Form MC-010). S53.270.ET - 00363225. DOC 1 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SAI MONROYIA B, INC, DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS o o o 1 O N 10 11 12 13 14 15 16 17 18 19 20 Pi 5. 23 24 25 20 27 28 (§ 1794, subd. (d).)” (/d. at 138.) This Court has the power to disallow even costs “allowable as a matter of right” if they were not “reasonably necessary”; and to reduce the amount of any cost item to that which is “reasonable.” (Perko’s Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal. App.4th 238, 245 [“intent and effect of (§ 1033.5(c)(2)) is to authorize trial court to disallow recovery of costs, including filing fees, when it determines the costs were incurred unnecessarily”). Under these standards, $1,755.42 in costs claimed by plaintiffs should be taxed. Plaintiffs have not carried their burden of showing their entitlement to any of these costs. 111. PLAINTIFFS ARE NOT ENTITLED TO RECOVER THE COST OF TRANSCRIPTS Plaintiffs claim $911.96 in court reporter fees of proceedings not ordered by the Court. Plaintiffs also claim $89.50 in unidentified “transcript” costs, also for proceedings not ordered by the Court. Transcripts of court proceedings not ordered by the court are not allowable as costs, under Code of Civil Procedure section 1033.5, subdivision (b}5). These costs were not reasonably necessary to the conduct of the litigation, in violation of Code of Civil Procedure section 1033.5, subdivision {c)(2). These costs are not reasonable in amount, in violation of Code of Civil Procedure section 1033.5, subdivision (¢)(3), and these items are not properly claimed as a cost in this action. IV. THE DELIVERY AND MESSENGER FEES CLAIMED BY PLAINTIFFS ARE NOT RECOVERABLE The “other” costs claimed by plaintiff under item 13 include: $666.58 for attorney service and messenger fees and $58.88 for “overnight,” These costs are not recoverable. They were not reasonably necessary to the conduct of the litigation, in violation of Code of Civil Procedure section 1033.5, subdivision (¢)}(2). They costs are not reasonable in amount, in violation of Code of Civil Procedure section 1033.5, subdivision {(¢){3), and they are not properly claimed as a cost in this action. (See Code Civ. Proc., § 1033.5, subdivision (b)(3) [postage, telephone and photocopying charges not allowable]; Ripley v. Pappadopoulos (1994) 23 Cal. App.4th 1616, 55.270.ET - 00363225 DOC 2 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SAI MONROVIA B, INC. DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS 1627 [Federal Express expenses not allowed]; and Nelson v. Anderson (1999) 72 Cal. App.4th 111, 132 [messenger fees not allowed].) V. PLAINTIFFS ARE NOT ENTITLED TO RECOVER FOR THE COST OF TRAVEL The $28.50 in travel expenses claimed by counsel are not recoverable. (See Ladas v. California State Auto. Assn. (1993) 19 Cal. App.4th 761, 775-76 [“Routine expenses for local travel by attorneys or other firm employees are not reasonably necessary to the conduct of litigation.”].} Plaintiffs’ attorneys are not only billing for their purported travel expenses, by way of their cost memorandum, but also for their travel time, by way of their fee Motion. These costs were not reasonably necessary to the conduct of the litigation, in violation of Code of Civil Procedure section 1033.5, subdivision (¢}(2). These costs are not reasonable in amount, in violation of Code of Civil Procedure section 1033.5, subdivision (¢)(3), and these items are not properly claimed as a cost in this action. VL CONCLUSION For the foregoing reasons, and for such other and further reasons as may be adduced in a Reply Memorandum and upon the hearing of this Motion, defendants respectfully pray that costs be taxed as set forth above. DATED: February 19, 2019 LEHRMAN LAW GROUP KATE S. LEHRMAN JACQUELINE BRUCE CHINERY ERIN TALLENT By 0 fret Jacqueline Bruce Chinery Attorneys for Defendants BMW OF NORTH AMERICA, LLC and SAI MONROVIA B, INC. dba BMW OF MONROVIA $5.270.CT - 00363225.D0OC 3 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SAl MONROVIA B, INC. DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS w e PB WwW p a N D @ =~ DN 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA ) ) ss. 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 12121 Wilshire Blvd., Suite 1300, Los Angeles, CA 90025. On February 19, 2019, I served, in the manner indicated below, the foregoing document described as: DEFENDANTS BMW OF NORTH AMERICA, LLC AND SAI MONROVIA B, INC. DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS on the interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, at Los Angeles, CA addressed as follows: SEE ATTACHED SERVICE LIST 0 BY OVERNIGHT DELIVERY: 1 caused such envelopes te be delivered by Golden State Overnight air courier, with next day service, to the offices of the addressees. (C.C.P. §1013(c)(d).) BY FACSIMILE: (C.C.P. § 1013(e)(f).) BY MAIL: I caused to be delivered by U.S. mail by placing a true copy thereof enclosed in sealed envelopes addressed as stated above. [am “readily familiar” with the firm’s practice of collection and processing documents for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid in the ordinary course of business. BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the offices of the addressees. (C.C.P. § 1011(a)b).) BY ELECTRONIC MAIL: [transmitted such document from Los Angeles, California, to the electronic mail address maintained by the person(s) on the SERVICE LIST as last indicated by that person on a document that he or she has filed in the above-entitled cause and served on this party. C.C.P. §1010.6 (a)6).) I declare under penalty of perjury under the laws of the State of California that the above 1s true and correct. Executed on February 19, 2019, in Los Angeles, California. = a a . - 7. tr 7 ); “4f] Theresa L. May /) / 55 270.ET - 00363225 DOC 1 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LL.C AND SAl MONROVIA B, INC. DBA BMW OF MONROVIA’S MOTION TO STRIKE OR TAX COSTS PROOF OF SERVICE LIST BMW OF NORTH AMERICA. LLC/VEGA Steve B. Mikhov, Esq. Amy-Lyn Morse, Esq. Deepak Devabose, Esq. KNIGHT LAW GROUP, LLP 10250 Constellation Boulevard Suite 2500 Los Angeles, CA 90067 (310) 552-2250 (310) 552-7973 (FAX) 55.270.ET - 00363225. DOC B137-2703(55.270° Case No. BC638612 Page 1 Attomeys for Plaintiffs ALEJANDRA ESTEFFANI VEGA and CENOBIO RAMQOZ RODRIGUEZ 2 BC638612 DEFENDANTS BMW OF NORTH AMERICA, LLC AND SA1 MONROVIA B, INC. DBA BMW OF MONROYIA’S MOTION TO STRIKE OR TAX COSTS Court Reservation Receipt | Journal Technologies Court Portal https://portal-lasc.journaltech.com/public-portal/?q=calendar/receip... Journal Technologies Court Portal Court Reservation Receipt Reservation Reservation Type: Motion to Tax Costs Case Number: BC638612 Filing Party: BMW of North America, LLC (Defendant) May 14th 2019, 8:30AM Fees Description Motion to Tax Costs Credit Card Percentage Fee (2.75%) TOTAL Payment Amount: $61.65 Account Number: XXXX2314 < Back to Main = Print Page Copyright © Journal Technologies, USA. All rights reserved. 1 of | Status: RESERVED Number of Motions: 1 Case Title: ALEJANDRA ESTEFFANI VEGA ET AL VS BMW OF NORTH AMERICA LLCE Location: Stanley Mosk Courthouse - Department 47 Fee Qty Amount 60.00 1 60.00 1.65 1 1.65 $61.65 Type: Visa Authorization: 06789G Covrt Pransac Aon += (LA-00215357 2/20/2019, 10:41 AM
