Motion_to_tax_costsMotionCal. Super. - 2nd Dist.November 2, 2017Electronically FILED by Superior 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 qd ourt of California, County of Los Angeles on 09/18/2019 03:45 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Hung,Deputy Clerk Michael A. Goldfeder (SBN: 162381) Attorney at Law 400 Continental Boulevard, 6th Floor El Segundo, CA 90245 Tel: (310) 374-7011 Attorney for Plaintiff, Steven Nemeth SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES STEVEN NEMETH, CASE NO: BC 681849 Plaintiff, Assigned to: Hon. Mark Mooney Department 68 VS. PLAINTIFF'S MOTION TO TAX COSTS; COUNTY OF LOS ANGELES, And does 1 MEMORANDUM OF POINTS AND Through 25, Inclusive, AUTHORITIES SUBMITTED Defendants Reservation ID No. 115083544002 Hearing Date: September 30, 2020 Time: 8:30 a.m. Place: Dept. 68 TO DEFENDANT COUNTY OF LOS ANGELES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 30, 2020 at 8:30 am, or as soon thereafter as the matter may be heard in Department 68 of the above-entitled Court, located at 111 N. Hill Street, Los Angeles, CA. 90012, Plaintiff Steven Nemeth will move the Court for an order taxing Defendant’s memorandum of costs. 1 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This motion will be made on the grounds that the memorandum of costs submitted by the Defendant requests numerous items to which they are not entitled to at all. This motion will be based on this notice, the memorandum of points and authorities submitted, and any oral testimony presented at the hearing. Dated: September 18, 2019 By: /S/ MICHAEL A. GOLDFEDER Michael A. Goldfeder Attorney for Plaintiff Steven Nemeth 2 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES ITEMS TO BE TAXED As will be discussed below, Defendant’s memorandum of costs improperly seeks reimbursement of the following items: Item 4E $2,620.95 Item 12C $1,033.60 Item 16A $612.89 Item 16B $164.72 Deposition Costs of $1,899.24 of Steven Nemeth, 5-3-2019, and Deposition video of Steven Nemeth, 5-7-2019, $721.71. Court Reporter Fees of $508.60, 4-4-2018, and Court Reporter Fees of $525.00, 7-31-2018. Other-Attachment 16A-as follows: Attorney Messenger Service-$41.58: Attorney Messenger Service-$79.95: Attorney Messenger Service-$41.58: Attorney Messenger Service-$34.95: Attorney Messenger Service-$87.45: Attorney Messenger Service-$34.95: Attorney Messenger Service-$15.00: Attorney Messenger Service-$79.95: Attorney Messenger Service-$41.58: Attorney Messenger Service-$34.95: Attorney Messenger Service-$15.00: 12-31-2017; 1-31-2018; unknown date; 5-15-2018; 5-31-2018; 7-31-2018; 7-31-2018; 9-15-2018; 9-30-2018; 11-15-2018; unknown date; Attorney Messenger Service-$9.95: 12-15-2018; One Legal -$96.00: 5-30-2019; Other-Attachment 16B-as follows: Attorney Messenger Service-$15.78: Attorney Messenger Service-$23.04: Attorney Messenger Service-$25.59: Attorney Messenger Service-$20.94: Attorney Messenger Service-$24.22: Attorney Messenger Service-$23.83: Attorney Messenger Service-$31.32: 12-31-2017; 3-31-2018; 7-31-2018; 9-21-2018; 11-16-2018; 12-14-2018; 5-30-2019; Nemeth v. County of Los Angeles 3 Nemeth’s Motion to Tax Costs BC 681849 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Item 16C $50.00 Other-Attachment 16C-Parking Parking-$25.00: 2-6-2018; Parking-$25.00: 3-26-2018; Total amount to be taxed-$4,482.16 INTRODUCTION In the aftermath of an MSJ, the Defendant submitted a memorandum of costs that includes numerous items whereby they are overreaching, and others that are inflated. The Code of Civil Procedure places distinct limits on recoverable costs that are both authorized and reasonable. LL DEFENDANT BEARS THE BURDEN OF ESTABLISHING THE COSTS SET FORTH IN THEIR MEMORANDUM OF COSTS The prevailing party in a civil action may recover certain enumerated “allowable” costs. C.C.P. §§ 1032, 1033.5. An allowable cost may not be recovered unless it is shown to be (a) actually incurred, (b) “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation” and (c) reasonable in amount. CCP § 1033.5(c)(1)- (3). When the correctness of the cost memorandum has been challenged in whole or in part by a motion to tax, the burden of proof lies with the party claiming costs to show by competent and satisfactory evidence that the items claimed are proper. Ladas v. California State Auto. Ass'n (1993) 19 Cal. App. 4n 761, 774. The Court has no discretion to allow costs not statutorily authorized. Id. at 774. Jones v. Dumrichob, (1998) 63 Cal. App. 4m 1258, 1267. The Court has the power to disallow entirely costs allowable as a matter of right under CCP § 1033.5 if they were not “reasonably necessary” and further, to reduce the amount of any reasonably necessary cost item to that which is reasonable. Perko’s Enterprises, Inc. v. RRNS Enterprises (1992) 4 Cal. App. 4 238, 245. 4 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Moreover, the California Rules of Court set forth in Rule 3.1700 the procedure for contesting and striking costs. Under sections (b), and (1) IL. DEFENDANT CANNOT RECOVER AS COSTS ATTORNEY SERVICE FEES THAT ARE OVEREACHING AND NOT ACTUAL FILING FEES. In items 16A and 16B, Defendant claims a total of $777.61 for Messenger fees of which are not allowable costs. Clearly these attorney messenger service fees as set forth above must be stricken from their memorandum of costs. III. DEFENDANT CANNOT RECOVER PARKING AS AN ALLOWABLE COST . In item 16,C Defendant claims as other costs: parking in the sum of $50.00, which is not allowed as per CCP Section 1033.5. CCP Section 1033.5 states in pertinent part as follows: (b) The following items are not allowable as costs, except when expressly authorized by law: (2) Investigation expenses in preparing the case for trial. (3) Postage, telephone, and photocopying charges, except for exhibits. (c) An award of costs shall be subject to the following: (1) Costs are allowable if incurred, whether or not paid. (2) Allowable costs shall be reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation. (3) Allowable costs shall be reasonable in amount. (4) Items not mentioned in this section and items assessed upon application may be allowed or denied in the court's discretion. IV. DEFENDANT SEEKS AN INFLATED SUM OF $2,620.95 FOR A SHORT DEPOSITION OF THE PLAINTIFF. In item 4, Defendant claims as deposition costs the sum of $2,620.95 for a three hour (3) video deposition of the Plaintiff. Such a sum is inflated and must be reduced to a reasonable amount. 5 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V. DEFENDANT CANNOT RECOVER COURT REPORTER COSTS NOT ORDERED BY THE COURT FOR A MOTION APPEARANCE In item 12C, Defendant claims the sum of $1,033.60 for court reporter fees at a court appearance that wasn’t ordered by the court. VI. CONCLUSION For all of the foregoing reasons, Plaintiff Nemeth hereby requests that Defendant’s costs be taxed as set forth above. Dated: September 18, 2019 By: /S/ MICHAEL A. GOLDFEDER Michael A. Goldfeder Attorney for Plaintiff Steven Nemeth 6 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF F SERVICE BY MAIL - 1013A, 2015.5 C.C.P. 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 eighteen years and not a party to the within action or proceeding; that my business address is 400 Continental Boulevard, 6m Floor, El Segundo, CA. 90245. On September 18, 2019 I served the within: PLAINTIFF'S MOTION TO TAX COSTS; on the interested parties in said action or proceeding by placing into the US Mail postage prepaid a true and correct copy thereof enclosed in sealed envelope addressed as follows: Geoffrey S. Sheldon Liebert Cassidy Whitmore 6033 West Century Boulevard, 5th Floor Los Angeles, CA. 90045 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal collection date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on September 18, 2019 at El Segundo, California. E-File Signature Michael A. Goldfeder 7 Nemeth v. County of Los Angeles BC 681849 Nermef’s Motion. to Tax Costs Court Reservation Receipt Reservation Reservation ID: Status: 115083544002 RESERVED Reservation Type: Number of Motions: Motion to Tax Costs 1 Case Title: Case Number: STEVEN NEMETH VS COUNTY OF LOS ANGELES BC681849 ET AL Filing Party: Location: STEVEN NEMETH (Plaintiff) Stanley Mosk Courthouse - Department 68 Date/Time: Confirmation Code: September 30th 2020, 8:30AM CR-84AXVXEJUQWN9H7JS 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 MasterCard Account Number: Authorization: XXXX3084 018497 < Back to Main I= Print Page Copyright © Journal Technologies, USA. All rights reserved.
