Motion_to_tax_costsMotionCal. Super. - 2nd Dist.May 17, 2018Electronically FILED by Supetbr Court of California, County of Los Angeles on 05/01/2020 04:21 PM Sherri R. Carter, Executive Officer/Clerk of Court, by E. Salcido,Deputy Clerk Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 TR ED WA Y, LU MS DA IN E & DO YL E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O ROY J. JIMENEZ (Bar No. 192089) E-Mail: rjimenez @tldlaw.com DANIEL A. COOPER (Bar No. 256053) E-Mail: dcooper@tldlaw.com TREDWAY, LUMSDAINE & DOYLE LLP 3900 Kilroy Airport Way, Suite 240 Long Beach, California 90806 Telephone: (562) 923-0971 Facsimile: (866) 831-7302 Attorneys for Plaintiff and Cross-Defendant SERENA YOUNG and Cross-Defendant SERENA YOUNG, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, SOUTH DISTRICT SERENA YOUNG, an individual, Plaintiff, VS. PHILIP E. HILL, M.D., an individual; PHILIP E. HILL, M.D., INC., a California corporation; LONG BEACH ADVANCED ORTHOPEDIC MEDICAL CENTER, INC., a California corporation; ORTHOWORKS OF SOUTHERN CALIFORNIA, LLC, a California limited liability company; and DOES 1 through 25, inclusive, Defendants PHILIP E. HILL, M.D., an individual, Cross-Complainant, Vs. SERENA YOUNG, an individual; SERENA YOUNG, M.D, A PROFESSIONAL CORPORATION, a California corporation; and ROES 1 through 25, inclusive, Cross-Defendants. LA/58302344046-001 Case No. NC061797 NOTICE OF MOTION AND MOTION OF PLAINTIFF SERENA YOUNG TO STRIKE AND/OR TAX COSTS OF DEFENDANT PHILIP E. HILL, M.D., INC.; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS OF ROY J, JIMENEZ AND SERENA YOUNG IN SUPPORT THEREOF Filed concurrently with [Proposed] Order of the Court Date: TBD Time: TBD Dept.: S27 Assigned for All Purposes to: Hon. Mark C. Kim, Dept. S27 Action Filed: May 17, 2018 Trial Date: March 2, 2020-March 13, 2020 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT Plaintiff SERENA YOUNG ("YOUNG") will and hereby does move this Court to Strike and/or Tax Costs of Defendant PHILIP E. HILL, M.D., INC. ("HILL, INC.") pursuant to the California Rules of Court Rule 3.1700, and California Code of Civil Procedure section 685.070(c) as follows: HILL, INC. failed to file its memorandum of costs within 15 days after the date of mailing of the dismissal dated March 10, 2020 pursuant to Code of Civil Procedure section 664.5. Further, all items should be stricken or reduced on the grounds that HILL, INC. has failed to provide any documentation to support the costs claimed in HILL, INC.'s Memorandum of Costs dated April 16, 2020. In the alternative, should the Court allow for any cost to be recovered by Defendants, then the following improperly included items claimed as costs in Memorandum of Costs filed herein by Defendants should be stricken or reduced as follows: 1. Item 1. Filing and motion fees should be reduced from $715.00 to $450.00, on the grounds that the costs claimed are undocumented, unnecessary and unreasonable. 2. Item 2. Jury fees should be reduced from $787.82 as this amount represents the entire amount for two Defendants. Further, HILL, INC. was dismissed before the end of the trial yet HILL, INC. appears to be requesting jury fees for the entire length of the Trial. 3: Item 4. Deposition costs should be reduced from $4,495.75, on the grounds that the costs claimed are undocumented, unnecessary and unreasonable. 4. Item 5. Service of process should be stricken in its entirety on the grounds that the costs claimed are undocumented, unnecessary and unreasonable. 5. Item 8. Expert fees should be stricken in full on the grounds that the costs claimed are undocumented, unnecessary and unreasonable. Further, expert fees incurred prior to October 25, 2019 should be stricken. LA/58302344046-001 2 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oo 0 9 SN Un A W N N O N N N N N N N N em em em em em em e d d d CW N S N NM A W N = o O d S N R W N = O 6. Item 12. Models, blowups, and photocopies of exhibits should be completely stricken in the amount of $76.95, on the grounds that the costs claimed are excessive because any photocopies of exhibits were unnecessary to the conduct of this litigation as HILL, INC. presented digital exhibits to the trier of fact. 7. Item 14. Fees for electronic filing or service in the amount of $177.60 should be reduced as there was no Court Order mandating electronic service in this action. 8. Item 16. Other. The entire amount of $8,739.98 should be stricken, or in the alternative reduced, as HILL, INC. attempts to seek reimbursement for costs that are no permitted under Code of Civil Procedure section 1033.5 and applicable case law. This Motion is based on this Notice of Motion, the attached Memorandum of Points and Authorities, the Declarations of Roy J. Jimenez and Serena Young filed concurrently herewith, all of the pleadings, files, and records in this proceeding, all other matters of which the Court may take judicial notice, and any argument or evidence that may be presented to or considered by the Court prior to its ruling. DATED: May 1, 2020 TREDWAY, LUMSDAINE & DOYLE LLP . ~ Roy Jimenez (May 1, 2020) By: ROY J. JIMENEZ Attorneys for Plaintiff and Cross-Defendant SERENA YOUNG and Cross-Defendant SERENA YOUNG, M.D. LA/58302344046-001 3 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION Defendant HILL, INC.'s memorandum of costs seek unrecoverable and unreasonable costs totaling $32,392.10 from YOUNG which should not be allowed. Not only is the memorandum of costs not supported by California's governing statutes or relevant case law but the memorandum of costs was untimely filed and therefore should be barred. Finally, HILL, INC. seeks to recover costs that were paid for by Long Beach Advanced Orthopedic Medical Center ("LBAO") which YOUNG was entitled to receive 50% of its income. This action was filed by YOUNG as a result of Defendant PHILIP E. HILL, M.D., an individual's misappropriation of LBAO funds for his personal and his corporation, HILL, INC., use. After using LBAO funds, at the detriment of YOUNG, to pay the costs of all Defendants, HILL, INC. now seeks reimbursement for YOUNG for the same costs that she unknowingly and unwillingly paid. HILL, INC.'s memorandum of costs should be stricken in its entirely for this appalling attempt to double dip from monies that the trier of fact has found is due and owing to YOUNG. 2. STATEMENT OF PROCEDURAL FACTS On March 2, 2020, the Jury Trial in this action commenced (Declaration of Roy J. Jimenez ["Jimenez Decl."] q 3). On March 10, 2020, the Court, on its own motion, dismissed HILL, INC. without prejudice from the action during Trial and served an Order of Dismissal. (Jimenez Decl. 4, Exhibit 2 to Jimenez Decl.). On March 13, 2020, after a nine (9) day Jury Trial, the Jury rendered a verdict in favor of YOUNG and against Defendant PHILIP E. HILL, M.D., an individual (Jimenez Decl. 5). On April 1, 2020, the Court entered a Judgment in favor of YOUNG and against Defendant PHILIP E. HILL, M.D., an individual in the total amount of $1,057,737.00 (Jimenez Decl. { 6). On April 16, 2020, HILL, INC. filed and served its Memorandum of Costs (Jimenez LA/58302344046-001 1 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O Decl. (7, Exhibit 3 to Jimenez Decl.). 3. LEGAL ARGUMENT A. HILL, INC.'S COSTS ARE BARRED BY CALIFORNIA RULES OF COURT, RULE 3.1700 California Rules of Court, Rule 3.1700(a)(1). states: "A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first." The time provisions relating to the filing of a memorandum of costs, “while not jurisdictional, are mandatory.” Hydratec, Inc. v. Sun Valley Orchard & Vineyard Co. (1990) 223 Cal.App.3d 924, 929. If the claimant fails to present a timely filed cost bill, a waiver of the right to costs results. Sanabria v. Embrey (2001) 92 Cal. App.4th 422, 426 (2001). Here, HILL, INC. was dismissed during the Trial proceedings on March 10, 2020 (Jimenez Decl. 4). On that same date, the Court Clerk served the Order of Dismissal on all parties, including HILL, INC. (Jimenez Decl. (4, Exhibit 2 to Jimenez Decl.). The deadline for HILL, INC. to file its Memorandum of Costs was March 25, 2020. However, on March 16, 2020, Judge Brazile issued an Emergency Order due to the Coronavirus Pandemic to close the Los Angeles County Superior Courts from March 17, 2020 to March 19, 2020 allowing for these three days to be calculated a Court holidays. As such, HILL, INC.'s extended deadline to file it Memorandum of Costs was March 28, 2020. HILL, INC. did not file its Memorandum of Costs until April 16, 2020, 19 days after the deadline (Jimenez Decl. 7, Exhibit 3 to Jimenez Decl.). On this reason alone, the Court should strike HILL, INC.'s Memorandum of Cost in its entirety as time-barred. B. COSTS CLAIMED BY HILL, INC. WERE IN FACT PAID BY LBAO LBAO paid $46,550.38 in costs and fees for the sole benefit of Defendants PHILIP LA/58302344046-001 2 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 TR ED WA Y, LU MS DA IN E & DO YL E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O E. HILL, M.D., an individual and HILL, INC. (Declaration of Serena Young ["Young Decl."] q(2-3, Exhibit 5 to Young Decl.). Without any evidence supporting HILL, INC.'s Memorandum of Costs, YOUNG is informed and believes that HILL, INC. is attempting to collect costs that were not in fact paid by HILL, INC. but rather by LBAO. Further, YOUNG is informed and believes that any payments made by LBAO to Daniel E. Park Law Corp included costs advanced by Daniel E. Park Law Corp on behalf of HILL, INC. As the trier of fact has concluded, YOUNG was entitled to 50% of LBAO's income. HILL, INC., through its principal and sole director, maliciously used LBAO income to pay for expenses and costs that HILL, INC. incurred during the course and scope of litigation in this action. Unbeknownst to YOUNG and to her detriment, her share of LBAO income was diverted to pay for HILL, INC. legal costs and expenses in this action as follows: Check Date | No. | Amount Paid to 8/28/2019 | 9223 | $2,500.00 DPM Practice Defense Expert 9/18/2019 | 9241 | $2,000.00 DPM Practice Defense Expert 9/26/2019 | 9248 | $2,000.00 DPM Practice Defense Expert 10/9/2019 | 9256 | $1,500.00 DPM Practice Defense Expert 10/9/2019 | 9270 | $8,000.00 DPM Practice Defense Expert Expert Witness Fees for Kurt 11/6/2019 | 10534 | $900.00 Grobstein Teeple LLP Stake Deposition 11/6/2019 | 10535 | $990.00 DPM Practice Defense Expert 11/21/2019 | 10551 | $5,855.07 Daniel E Park Law Corp 11/21/2019 | 10550 | $975.00 ADR Services Mediation Fee 12/17/2019 | 10579 | $9,500.00 Daniel E Park Law Corp 12/17/2019 | 10581 | $8,467.21 Daniel E Park Law Corp Pratti Patel Deposition 1/2/2020 | 10618 | $596.05 Kusar Legal Services Transcript 2/18/2020 | 10623 | $4,000.00 Daniel E Park Law Corp 2/20/2020 | 10624 | $242.05 Titan Legal Services Total | $47,525.38 (See Young Decl. | 2-3, Exhibit 5 to Young Decl.). If HILL, INC.'s Memorandum of Cost is permitted, YOUNG will suffer undue harm and prejudice as she has already paid for the costs incurred by HILL, INC. through LA/58302344046-001 3 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O the loss of her portion of LBAO funds which were diverted by HILL, INC.'s sole director for the sole benefit of HILL, INC. C. COSTS CLAIMED BY HILL, INC. WERE UNNECESSARY, UNREASONABLE, OR IMPROPER The Court has power to reduce the amount of any cost item to an amount that is “reasonable.” [Perko's Enterprises, Inc. v. RRNS Enterprises (1992) 4 CA4th 238, 245- “intent and effect [of Code of Civil Procedure section 1033.5(c)(2)] is to authorize a trial court to disallow recovery of costs, including filing fees, when it determines the costs were incurred unnecessarily” (emphasis added)]. Moreover, the court has discretion to allow or deny items (i.e., costs) not mentioned in the Code of Civil Procedure § 1033.5(c)(4). In any event, such discretionary costs must be reasonable in amount and “reasonably necessary to the conduct of the litigation” (see Code of Civil Procedure section 1033.5(¢c)(2), (3); Williams v. Chino Valley Independent Fire Dist. (2015) 61 C4th 97, 100, 105-107, 113; Ladas v. California State Auto. Ass'n (1993) 19 Cal.App.4th 765, 774; Wagner Farms, Inc. v. Modesto Irrig. Dist. (2006) 145 Cal. App.4th 765, 773. Where costs do not appear on their face to be proper, necessary or reasonable, the burden is on the party claiming those costs, not the moving party, to prove the disbursements are recoverable in the action or proceeding. (See Rappenecker v. Sea-Land Service, Inc. (1979) 93 Cal.App.3d 256, 266 [“Where the items are properly objected to, they are put in issue, the burden of proof is upon the party claiming them as costs.”].) In Oak Grove School District v. City Title Insurance Company (1963) 217 Cal.App.2d 678, 699, the court placed the burden of proof on the claimant to show that the costs and disbursements incurred were proper. Finally, costs “merely convenient or beneficial to its preparation” are disallowed. [Code of Civil Procedure section 1033.5(c)(2). YOUNG has no way of knowing if any of the costs cited by HILL, INC. are reasonable. HILL, INC. has not provided any invoices or other documentation in support of these costs. Without supporting documentation, HILL, INC.'s entire Memorandum of Costs lacks credibility and reliability and constitutes hearsay. There is no evidence that LA/58302344046-001 4 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O requested costs are necessary costs. Costs should not be awarded based on unsubstantiated claims. (See Jones v. Dumrichob (1998) 63 Cal. App.4" 1258, 1267). In the absence of any evidentiary support, YOUNG must presume these costs are improper and hereby objects to them. Because the YOUNG has properly objected to HILL, INC.'s claimed costs, HILL, INC. has the burden of proving that its costs are reasonable and necessary. “[I]f the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs.” (Ladas v. California State Auto. Assn., supra, 19 Cal. App.4™ at 774.) HILL, INC. has made no effort to justify these costs or undertaken any efforts to prove the reasonableness and necessity thereof. As such, the Court should Strike the Memorandum of Costs in its entirety. 1. Item 1. Motion Fees is Overstated, Undocumented, Unreasonable, and Improper. HILL, INC. was one of four Defendants represented by Christopher C. Cianci, Esq. of Daniel E. Park Law Corporation. Here, HILL, INC. has submitted its Memorandum of Costs in attempt to see reimbursement for 100% of the motion fees incurred by all four Defendants. During the course of the discovery phase, HILL, INC., through his counsel of record, refused to resolve discovery issues informally without having to involve the Court via discovery related motions. Further, Defendant PHILIP E. HILL, M.D., an individual continued to pilfer the LBAO bank account to support his own lavish lifestyle during the litigation in this action causing YOUNG to engage in issuance of subpoenas and other protective orders which Defendants PHILIP E. HILL, M.D., an individual and HILL, INC. attempted to thwart by filing unnecessary and unreasonable motions. As such the motion fees of $280.00 sought by HILL, INC. are overstated and improper. il. Item 2. Jury Fees is Overstated, Undocumented, Unreasonable, and Improper. Again, without any evidence to support the overstated jury fees of $787.82, YOUNG can only assume that HILL, INC. is contending that it paid the entire portion of the jury fees including fees incurred after HILL, INC. was dismissed on March 10, 2020. LA/58302344046-001 5 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O Further, Defendant PHILIP E. HILL, M.D., an individual should have been responsible for paying his share of the defense's jury fees. Yet HILL, INC. is unreasonably attempting to recover costs paid for the benefit of Defendant PHILIP E. HILL, M.D., an individual. iii. Item 4. Deposition Costs is Overstated, Undocumented, Unreasonable, and Improper. Again, HILL, INC. is attempting to recover 100% of costs for all four Defendants, including costs paid solely by LBAO (Young Decl. | 2-3, Exhibit 5 to Young Decl.). As all four Defendants were represented by the same defense counsel, logic would reason that the costs of $4,495.75 should be split between equally between the Defendants. Instead, HILL, INC. is attempting to recover 100% of the costs incurred relating to the depositions taken by the parties in this action. Further, HILL, INC., through its counsel of record, maintained copies of certain original transcripts thereby deeming any additional copies of those transcripts and costs related thereto as unnecessary (Exhibit 4 to Jimenez Decl.). iv. Item 8. Witness Fees is Overstated, Undocumented, Unreasonable, and Improper. HILL, INC. is attempting to recover expert witness fees it claims to have solely incurred in this action. This request should fail for two reasons. First, HILL, INC. will likely claim it is entitled to recover expert witness fees pursuant to Code of Civil Procedure section 998(c)(1) which states in pertinent part: "If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer." (Emphasis added). On October 25, 2019, Defendants, and each of them, collectively served an Offer to Compromise pursuant to Code of Civil Procedure section 998 to YOUNG for $50,000.00 (Jimenez Decl. { 2, Exhibit 1 to Jimenez Decl.). Here, HILL, INC. submits no evidence that the expert witness fees requested in its Memorandum of Costs are in fact incurred after October 25, 2019 (Exhibit 3 to Jimenez Decl.). LA/58302344046-001 6 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O Second, LBAO has paid at minimum $17,890.00 in expert witness fees for the sole benefit of the Defendants, including HILL, INC. (Young Decl. { 2-3, Exhibit 5 to Young Decl.). Without any documentation presented by HILL, INC., YOUNG is informed and believes that HILL, INC.'s counsel of record may have advanced expert witness related costs on behalf of HILL, INC. which were paid by LBAO. HILL, INC.'S request for expert witness fees are wholly unreasonable when said fees were paid by LBAO using YOUNG's portion of LBAO profits without her knowledge or approval. As such, this Court should strike HILL, INC.'s request for witness fees in its entirety. Vv. Item 12. Models, enlargements, and photocopies of exhibits is Overstated, Undocumented, Unreasonable, and Improper. Costs for exhibits not actually used at trial are not recoverable under Code of Civil Procedure section 1033.5(a)(13) because the exhibits are not “reasonably helpful to aid the trier of fact.” [Ladas v. California State Auto. Ass'n, supra, 19 Cal.Aapp.4th at 774; see Great Western Bank v. Converse Consultants, Inc. (1997) 58 Cal. Aapp.4th 609, 615]. "Fees are not allowed for exhibits not used at trial." [Ladas v. California State Auto. Ass'n, supra, 19 Cal.Aapp.4th at 775]. Here, HILL, INC. is requesting $76.95 in photocopies of exhibits (Exhibit 3 to Jimenez Decl.). However, Plaintiff's counsel provided HILL, INC.'s counsel with the exhibit notebooks. Further, HILL, INC. did not use any models or enlargements during Trial. Rather, HILL, INC.'s counsel used an iPad. As such, any requests for reimbursement is overstated, unreasonable, and not reasonably helpful to aid the trier of fact. VI. Item 14. Fees for electronic filing and serving is Overstated, Undocumented, Unreasonable, and Improper. There were no Court orders relating to electronic service of documents. All documents filed with this Court by the Defendants, and each of them, were done collectively done so. As such, HILL, INC. would only reasonably be responsible for one- LA/58302344046-001 7 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O fourth of the costs it incurred. YOUNG requests that this Court reduce HILL, INC.'s costs for any electronic filing to be one-fourth of $177.60. vii. Item 16. Other is Overstated, Undocumented, Unreasonable, and Improper. In Item 16, HILL, INC. is attempting to recover $8,738.98 in cost which are not permitted by Code of Civil Procedure section 1033.5 (Exhibits 3-4 to Jimenez Decl.). HILL, INC. is requesting recovery of deposition subpoena costs and service of subpoenas relating to YOUNG's ownership of Los Alamitos Surgery Center and her bank records with Bank of America. YOUNG's ownership of an unrelated surgery center were wholly irrelevant to the herein action and therefore not reasonably necessary. HILL, INC.'s undocumented Travel Expenses, which YOUNG assumes relates to defense's counsel's attendance at Trial, should be split equally between HILL, INC. and Defendant Philip E. Hill, M.D., an individual as defense counsel represented both parties. Further, any travel related expenses should not include any expenses after March 10, 2020 when HILL, INC. was dismissed. HILL, INC.'s requests for "service costs" is undocumented and lacks any further description. YOUNG can only speculate as to the purpose of the "service costs." Although HILL, INC. was a party to the Cross-Complaint in this action, HILL, INC. could have requested to serve YOUNG and her corporation through her counsel of record via a Notice and Acknowledgement of Receipt. Instead, Cross-Complainants unreasonably chose to incur service fees, if any, relating to the service of their Cross-Complaint. HILL, INC. seeks to recover "Court Delivery Costs". Again YOUNG can only speculate what the purpose of these were. All documents that are filed with the Court are done so via electronic filing. HILL, INC. fails to identify what additional documents needed to be filed or Court ordered to be delivered to the Court. Further, any documents delivered to the Court by Defendant should reasonably have been split amongst the four Defendants. HILL, INC. seeks to recover the defense's portion of the mediation fee. Code of LA/58302344046-001 8 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O Civil Procedure section 1033.5 does not mention mediation fees. "Whether or not to award mediation expenses as costs is within the purview of the trial court." (Gorman v. Tassajara Development Corp. (2009) 178 Cal. App.4" 44, 76-77.) Here, mediation was not reasonably necessary to this litigation. Mediation is not a statutorily enumerated cost and was not incurred to secure recovery for either party. In fact, mediation would have necessarily resulted in no vindication of HILL, INC.'s right of recovery, but rather a compromise with no assignment of liability. Further, LBAO paid $975.00 of the collective defense's portion of the $1,875.00 mediation fee (Young Decl. 2-3, Exhibit 5 to Young Decl.). HILL, INC. is seeking to collective the full $1,875.00 when LBAO paid $975.00 of the mediation fee. Finally, HILL, INC.'s principal and person authorized to appear at mediation on its behalf refused to negotiate in good faith at mediation causing the mediation to be unsuccessful. Therefore, HILL, INC. cannot recover costs for mediation and the entire amount of $1,875.00 should be denied. Finally, HILL, INC. seeks to recover costs for "Kusar Court Reporters". YOUNG is informed and believes that these costs related to transcripts that were not ordered by the Court. Transcripts of court proceedings not ordered by the court are not recoverable. [Code of Civil Procedure section 1033.5(b); see Davis v. KGO-T.V., Inc. (1998) 17 Cal.App.4th 436, 440-442 (disapproved on other grounds in Williams v. Chino Valley Independent Fire Dist. (2015) 61 Cal. App.4th 97, 105-107); Sanchez v. Bay Shores Med. Group (1999) 75 Cal.App.4th 946, 948-949; Baker-Hoey v. Lockheed Martin Corp. (2003) 111 Cal.App.4th 592, 599-600 (citing text)]. Here, this Court did not order any party to obtain transcript of the Court proceedings in this action. Any transcripts ordered by HILL, INC. were for the sole benefit of its counsel for convenience in preparing for each day of Trial. Therefore, the entire $4,064.90 sought for Kusar Court Reporters should be denied. 4. CONCLUSION For the foregoing reasons, YOUNG'S Motion to Strike and/or Tax Costs items identified herein should be granted in its entirety as it is time-barred, unreasonable and unnecessary. In light of HILL, INC.'s attempt to overreach, failure to provide any LA/58302344046-001 9 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oo 0 9 SN Un A W N N O N N N N N N N N em em em em em em e d d d CW N S N NM A W N = o O d S N R W N = O supporting documents whatsoever, and given Court's discretion to exercise its judgment, the Court can alternatively strike the entire award of costs requested by HILL, INC. Finally, to the extent the Court permits any costs, these amounts should be significantly taxed and reduced based upon the arguments set forth above (See Exhibit 4 to Jimenez Decl.). DATED: May 1, 2020 TREDWAY, LUMSDAINE & DOYLE LLP By: Roy Jimenez (May 1, 2020) ROY J. JIMENEZ Attorneys for Plaintiff and Cross-Defendant SERENA YOUNG and Cross-Defendant SERENA YOUNG, M.D. LA/58302344046-001 10 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oe 0 N S nt RA W N ND N N N N N N N N e e em em em em em em e d R N A N R W N E S 0 d S N R W N = O DECLARATION OF ROY J. JIMENEZ I, Roy J. Jimenez, declare as follows: 1. I am an attorney duly admitted to practice before this Court. I am a partner with Tredway, Lumsdaine & Doyle LLP, attorneys of record for Plaintiff and Cross- Defendant SERENA YOUNG and Cross-Defendant SERENA YOUNG, M.D.. If called as a witness, I could and would competently testify to all facts within my personal knowledge except where stated upon information and belief. I make this declaration in support of Notice of Motion and Motion of Plaintiff Serena Young to Strike And/or Tax Costs of Defendant PHILIP E. HILL, M.D., INC. and Memorandum of Points and Authorities in Support Thereof. 2. On October 25, 2019, Defendants, and each of them, collectively served an Offer to Compromise pursuant to Code of Civil Procedure section 998 to YOUNG for $50,000.00. (A true and correct copy of the Court's Order of Dismissal is attached hereto marked as Exhibit 1.) 3. On March 2, 2020, the Jury Trial in this action commenced. 4. On March 10, 2020, the Court, on its own motion, dismissed HILL, INC. without prejudice from the action during Trial and served an Order of Dismissal. (A true and correct copy of the Court's Order of Dismissal is attached hereto marked as Exhibit 2.) 5. On March 13, 2020, after a nine (9) day Jury Trial, the Jury rendered a verdict in favor of YOUNG and against Defendant PHILIP E. HILL, M.D., an individual. 6. On April 1, 2020, the Court entered a Judgment in favor of YOUNG and against Defendant PHILIP E. HILL, M.D., an individual in the total amount of $1,057,737.00. 7. On April 16, 2020, HILL, INC. filed and served its Memorandum of Costs. (A true and correct copy of the HILL, INC.'s Memorandum of Costs is attached hereto marked as Exhibit 3.) 8. My office has created a spreadsheet of the costs being requested by Defendants that we believe should be taxed and/or stricken. (A true and correct copy of LA/58302344046-001 1 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oo 0 9 SN Un A W N N O N N N N N N N N em em em em em em e d d d CW N S N NM A W N = o O d S N R W N = O the HILL, INC.'s Memorandum of Costs is attached hereto marked as Exhibit 4.) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 1, 2020, at Long Beach, California. Roy Jimenez (May 1, 2020) Roy J. Jimenez LA/58302344046-001 2 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Oo 0 9 aN Dn BA W N = (5 62 ) 92 3- 09 71 E E = A Nn A W N = O T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 Lo ng Be ac h, Ca li fo rn ia 90 80 6 BN N N N N N N N N N O N o e es 0 9 & Wn A W N = S e ee DECLARATION OF SERENA YOUNG I, Serena Young, declare as follows: 1. I am a party in the above-entitled action. I have personal knowledge of the facts set forth herein, which are known by me to be true and correct, and if called as a witness, I could and would competently testify thereto. 1 make this declaration in support of Notice of Motion and Motion of Plaintiff Serena Young to Strike And/or Tax Costs of Defendant PHILIP E. HILL, M.D., INC. and Memorandum of Points and Authorities in Support Thereof. 2, I have accessed the Long Beach Advanced Orthopedic Medical Center's ("LBAO") bank statements for August 28, 2019 to February 28, 2020. I have confirmed the following payments made by LBAO relating to costs incurred in this litigation: Date Check No. Amount | Paid to 8/28/2019 9223 $2,500.00 | DPM Practice Defense Expert 9/18/2019 9241 $2,000.00 | DPM Practice Defense Expert 9/26/2019 9248 $2,000.00 | DPM Practice Defense Expert 10/9/2019 9256 $1,500.00 | DPM Practice Defense Expert 10/9/2019 9270 $8,000.00 | DPM Practice Defense Expert Expert Witness Fees for Kurt 11/6/2019 10534 $900.00 | Grobstein Teeple LLP Stake Deposition 11/6/2019 10535 $990.00 | DPM Practice Defense Expert 11/21/2019 10551 $5,855.07 | Daniel E Park Law Corp 11/21/2019 10550 $975.00 | ADR Services Mediation Fee 12/17/2019 10579 $9,500.00 | Daniel E Park Law Corp 12/17/2019 10581 $8,467.21 | Daniel E Park Law Corp Pratti Patel Deposition 1/2/2020 10618 $596.05 | Kusar Legal Services Transcript 2/18/2020 10623 $4,000.00 | Daniel E Park Law Corp 2/20/2020 10624 $242.05 | Titan Legal Services Total $47,525.38 I In I 1 LA/58302344046-001 1 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF Lo 00 9 SO n t A W N (5 62 ) 92 3- 09 71 ed fe ed ed ed AA Un A W N = o T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 Lo ng Be ac h, Ca li fo rn ia 90 80 6 N N N N N N N N N N N N N O N EE em 0 J AN U 1 A W N = S C o w 3. A true and correct copy of the check numbers identified in paragraph 2 herein are attached hereto marked as Exhibit 5. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on thisz9 th day of April, 2020, at Long Beach, California. rena Young () ) 2 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF EXHIBIT "1" p t Oo 0 N N N n n A W N 10 “11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DANIEL E. PARK, State Bar No, 174524 dpark@parklawcorp.com CHRISTOPHER C. CIANCI, State Bar No. 266174 christopher@parklawcorp.com DANIEL E. PARK LAW CORPORATION 925 N, La Brea Ave., 4th Floor West Hollywood, California 90038 Telephone: (213) 336-3767 Facsimile: (818) 479-9958 Attorneys for Defendant and Cross-Complainant PHILIP E. HILL, M.D,, and Defendants PHILIP E, HILL, M.D., INC.; LONG BEACH ADVANCED ORTHOPEDIC MEDICAL CENTER, INC.; and ORTHOWORKS OF SOUTHERN CALIFORNIA, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT SERENA YOUNG, an individual, CASE NO.: NC061797 [Assigned for All Purposes to the Honorable Plaintiffs, Mark C. Kim, Department S27] Vv. OFFER TO COMPROMISE PURSUANT PHILIP E. HILL, M.D, an individual; PHILIP | TO CALIFORNIA CODE OF CIVIL E. HILL, M.D., INC., a California corporation; | PROCEDURE SECTION 998 LONG BEACH ADVANCED ORTHOPEDIC MEDICAL CENTER, INC.,, a California corporation; ORTHOWORKS OF SOUTHERN| Complaint Filed: May 17,2018 CALIFORNIA, LLC, a California limited Cross-Complaint Filed: ~~ July 19, 2018 liability company; and DOES 1 through 25, et | Trial Date: November 4, 2019 al,, Defendants. PHILIP E. HILL, M.D., an individual, Cross-Complainant, v. SERENA YOUNG, an individual; SERENA YOUNG, M.D., A PROFESSIONAL CORPORATION, a California corporation; Cross-Defendants, 1 OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 - t O O 0 N N BA W N N O N RN N O N N N N N a TO PLAINTIFF, CROSS-DEFENDANTS, AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to California Code of Civil Procedure (“CCP”) Section § 998, Defendant and Cross-Complainant PHILIP E. HILL, M.D., Defendants PHILIP E. HILL, M.D,, INC., LONG BEACH ADVANCED ORTHOPEDIC MEDICAL CENTER, INC., and ORTHOWORKS OF SOUTHERN CALIFORNIA, LLC (collectively, “Defendants”) hereby offer to have judgment entered against Defendants PHILIP E. HILL, M.D. and PHILIP E. HILL, M.D., INC,, in favor of Plaintiff SERENA YOUNG (“Plaintiff”), in the sum of fifty thousand dollars ($50,000.00), to fully and finally resolve this entire action and any and all claims asserted therein by any party against any other party. Each party shall also bear their own attorneys’ fees and costs, | Plaintiff may indicate her acceptance of this offer by signing the statement set forth below and delivering the signed statement to the attorneys for Defendants: Daniel E. Park Law Corporation located at 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038. This offer shall remain open until the date and time of the first date of trial, or November 4, 2019, at 8:30 a.m. cee § 998(c)1) provides, in pertinent part, as follows: If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the plaintiff shall not recover his or her postoffer costs and shall pay the defendant's costs from the time of the offer. In addition, in any action or proceeding . . . , the court or arbitrator, in its discretion, may require the plaintiff to pay a reasonable sum to cover costs of the services of expert witnesses, who are not regular employees of any party, actually incurred and reasonably necessary in either, or both, preparation for trial or arbitration, or during trial or arbitration, of the case by the - defendant. Co CCP § 998(e) provides: If an offer made by a defendant is not accepted and the plaintiff fails to obtain a more favorable judgment or award, the costs under this section, from the time of the offer, shall be deducted from any damages awarded in favor of the plaintiff, If the costs awarded under this section exceed the amount of the damages awarded to the plaintiff the net amount shall be awarded to the defendant and judgment or award shall be entered accordingly. 2 OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 OO 0 NN G n nn Bh W N N O N O N O N N N ® 3 & 5 R B PVP N B L » 3 a > & x r 0 = 5 Plaintiff may accept this offer by signing below that the offer is accepted. in Dated: October 24, 2019 DANIEL E. PARK LAW CORPORATION CPE Christopher C. Cianci, Esq. Attorneys for Defendant and Cross-Complainant PHILIP E. HILL, M.D., and Defendants PHILIP E. HILL, M.D., INC; LONG BEACH ADVANCED ORTHOPEDIC MEDICAL CENTER, INC.; and ORTHOWORKS OF SOUTHERN CALIFORNIA, LLC ACCEPTANCE OF OFFER TO COMPROMISE 1 am authorized to accept and agree to have judgment entered against Defendants PHILIP E. HILL, M.D. and PHILIP E. HILL, M.D., INC,, in favor of Plaintiff SERENA YOUNG (“Plaintiff”), in the sum of fifty thousand dollars ($50,000.00), to fully and finally resolve this entire action and any and all claims asserted therein by any party against any other party. Each party shall also bear their own attorneys’ fees and costs. Signature: Print Name; Date Accepted: 3 OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 00 N Y Ln Bh W N 11 12 13 14 15 16 17 18 19 20 21 22 23 2 25 26 27 28 PROOF OF SERVICE F.R.C.P.5/C.CP. § 1013(a)(3), C.C.P. § 1010.6(a)(6) / Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angeles. Iam over the age of 18 and not a party to this action. My business address is; DANIEL E. PARK LAW CORPORATION, 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038. On October 25, 2019, I served the following document(s), by method indicated below, on the parties in this action: SEE ATTACHED SERVICE LIST OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 0 BY U.S. MAIL By placing [] the original / [Xla true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at DANIEL E. PARK LAW CORPORATION, 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038, following ordinary business practices. Iam readily familiar with DANIEL E. PARK LAW CORPORATION's practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. [J BY OVERNIGHT DELIVERY/FEDERAL EXPRESS By delivering the document(s) listed above in a scaled envelope(s) or package(s) designated by the express service carrier, with delivery fees paid or provided for, addressed as per the attached service list, to a facility regularly maintained by the express service carrier or to an authorized courier or driver authorized by the express service carricr to receive documents, who received these documents at 925 N, La Brea Ave,, 4th Floor, West Hollyweod, California 90038, (0 BY ELECTRONIC SERVICE : By electronically transmitting courtesy copies the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list. Partics have agreed to electronic service in this action pursuant to California Code of Civil Procedure § 1010.6(a)(6) and LASC Local Rule 18:0(g). To my knowledge, the transmission was reported as complete and without error, X] BY PERSONAL SERVICE [0 By causing the personal delivery and handing of the document(s) listed above to the person(s) identified on the attached service list, By personally delivering of the document(s) listed above to the office address(es) as shown on the attached service list and leaving said document(s) with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office(s). [J By causing the personal delivery of the document(s) listed above to the address(es) as shown on the attached service list and leaving said document(s) with someone of suitable age and discretion residing at said address(es). [] BY FACSIMILE By transmitting the document(s) listed above from DANIEL E, PARK LAW CORPORATION in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties, confirmed in writing, or as a courtesy to the parties. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on October 25, 2019, at West Hollywood, California. wh ; g< : Weixuan Cai 1 PROOF OF SERVICE W 00 0 N U BA W N N O N N O N N N O N O N NN mm e m t e d md e d pe a e d me t he d ed 0 3 O N Ln A W D = O O WO N O N B R A W N - Oo SERVICE LIST Roy J. Jimenez, Esq. Daniel A. Cooper, Esq. Tredway, Lumsdaine & Doyle LLP 3900 Kilroy Airport Way, Suite 240 Long Beach, CA 90806 Tel: (562) 923-0971 Fax: (866) 831-7302 E: rjimenez@tldlaw.com dcooper@tlidlaw.com Attorneys for Plaintiff Serena Young Via Personal Service 2 PROOF OF SERVICE EXHIBIT "2" SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: Governor George Deukmejian Courthouse 275 Magnolia Ave, Long Beach, CA 90802 PLAINTIFF (S): SERENA YOUNG - INDIV. DEFENDANT(S): Philip E. Hill, M.D. et al Reserved for Clerk's File Stamp FILED Supariar Cour of California County of Los Angalas 03/10/2020 Shem BL Carter, Exacu five Oficsr | Oak af Cau By: B. Vidka Deputy ORDER OF DISMISSAL CASE NUMBER: NC061797 On the motion of the Court __ pursuant to the provisions of section __pursuantto Local Policy and / or Local Rules, itis hereby ordered that the within action is dismissed __ with prejudice as to Vv without prejudice as to __ entire action __ complaint only Itis further ordered that to recover costs as provided by law __ inthe sum of $ __ per filing memorandum of costs (1033 CCP et. Seq.) SRL n, Dated: 03/10/2020 ORDER OF DISMISSAL LACIV 140 (Rev. XX/XX) LASC Approved 07-04 J udicial Officer SUPERIOR COURT OF CALIFORNIA Reserved for Clerk's File Stamp COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: -- Fi LE D _- Governor George Deukmejian Courthouse Count oe Angelos 275 Magnolia Ave, Long Beach, CA 90802 9 » Long : 03/10/2020 PLAINTIFF/PETITIONER: Shem R Carter, Executive Oficer | Qed of Count SERENA YOUNG - INDIV. By B. Viola Deputy DEFENDANT/RESPONDENT: Philip E. Hill, M.D. et al CASE NUMBER: CERTIFICATE OF MAILING NC061797 I, the below-named Executive Officer/Clerk of the above-entitled court, do hereby certify that | am not a party to the cause herein, and that on this date | served the Order - Dismissal upon each party or counsel named below by placing the document for collection and mailing so as to cause it to be deposited in the United States mail at the courthouse in Long Beach, California, one copy of the original filed/entered herein in a separate sealed envelope to each address as shown below with the postage thereon fully prepaid, in accordance with standard court practices. Christopher Campbell Cianci DANIEL E PARK LAW CORP. (CHRIS Daniel E. Park Law Corporation CIANCI) 925 N La Brea Ave Fl 4 925 N. LA BREA AVE West Hollywood, CA 90038 4TH FL WEST HOLLYWOOD, CA 90038- Daniel Alex Cooper Tredway, Lumsdaine & Doyle Daniel Eal Park 2010 Main St Daniel E. Park Law Corporation Ste 1000 3435 Wilshire Blvd Ste 2700 Irvine, CA 92614- Los Angeles, CA 90010 Sherri R. Carter, Executive Officer / Clerk of Court Dated: 03/10/2020 By: B. Viola Deputy Clerk CERTIFICATE OF MAILING EXHIBIT "3" MC-010 ATTORNEY OR PARTY WITHOUT ATTORNEY Name: Christopher C. Cianci FIRM NAME: DANIEL E. PARK LAW CORPORATION STREET ADDRESS: 925 N. La Brea Ave, 4th Floor cry: West Hollywood STATE: CA zip coDE: 90038 TELEPHONE No: (213) 336-3767 FAXNO.: (818) 479-9958 E-MAIL ADDRESS: christopher@ parklawcorp.com ATTORNEY FOR (name): Defendant PHILIP E. HILL, M.D., INC. STATE BAR NUMBER: 266174 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: 275 Magnolia Avenue MAILING ADDRESS: 275 Magnolia Avenue CITY AND ZIP CODE: Long Beach, CA 90806 BRANCH NAME: South District - Governor George Deukmejian Courthouse PLAINTIFF: SERENA YOUNG DEFENDANT: PHILIP E. HILL, M.D., INC. FOR COURT USE ONLY MEMORANDUM OF COSTS (SUMMARY) CASE NUMBER: NC061797 The following costs are requested: 1. Filing and motion fees 2. Jury fees Jury food and lodging Deposition costs Service of process S U N w Attachment expenses 7. Surety bond premiums 8. Witness fees 9. Court-ordered transcripts 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required) 11. Courtreporter fees as established by statute 12. Models, enlargements, and photocopies of exhibits 13. Interpreter fees 14. Fees for electronic filing or service 15. Fees for hosting electronic documents 16. Other “H r HAH A HB H H A B H A “H r HAH A H H A TOTALS 715.00 787.82 4,495.75 17,400.00 76.95 177.60 8,738.98 TOTAL COSTS 32,392.10 | am the attorney, agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this case. Date: Apr 16, 2020 Christopher C. Cianci (TYPE OR PRINT NAME) (Proof of service on reverse) y om (SIGNATURE OF DECLARANT) Page 1 of 2 Form Approved for Optional Use J udicial Council of California MC-010 [Rev. September 1, 2017] MEMORANDUM OF COSTS (SUMMARY) Code of Civil Procedure, §§ 1032, 1033.5 MC-011 SHORT TITLE SERENA YOUNG v. PHILIP E. HILL M.D., etal. CASE NUMBER: NC061797 MEMORANDUM OF COSTS (WORKSHEET) 1. Filing and motion fees Paper filed Filing fee a. First Appearance Fee $ 435.00 b. Motion to Quash Deposition Subpoena on Union Bank $ 60.00 c. Stipulation and Protective Order $ 20.00 d. Motion to Quash Deposition Subpoena on Craig Asanuma $ 60.00 e. Motion to Quash Deposition Subpoena on Edwin Young $ 60.00 f. Ex Parte Application to Continue Trial $ 60.00 g. [x] Information about additional filing and motion fees is contained in Attachment 1g. TOTAL 1. 2. Jury fees Date Fee & mileage a. 03/13/2020 $ 679.63 b. 03/15/2020 $ 108.19 C. $ d. $ e. [x] Information about additional jury fees is contained in Attachment 2e. TOTAL 2. 3. Juror food: $ and lodging: $ TOTAL 3. 4. Deposition costs Name of deponent Taking Transcribing Travel Videotaping a. Serena Young $ 1,222.05 $ $ $ b. KurtStake $ 783.10 $ $ $ c. Pratibha Patel $ $ 596.05 $ $ d. Anthony Goshn $ $ 384.05 $ $ e. [x] Information about additional deposition costs is contained in Attachment 4e. TOTAL 4. (Continued on reverse) RIT ApErouEd JUp GptionE LE Se MEMORANDUM OF COSTS (WORKSHEET) J udicial Council of California MC-011 [Rev. September 1, 2017] 787.8 [007 Subtotals $ 1,222.05 $ 783.10 $ 596.05 $ 384.05 Page lof 4 Code of Civil Procedure, §§ 1032, 1033.5 MC-011 SHORT TITLE CASE NUMBER: SERENA YOUNG v. PHILIP E. HILL M.D., etal. NC061797 5. Service of process Registered Name of person served Public officer process Publication Other (specify) a. $ $ $ $ b. $ $ $ $ C. $ $ $ $ d. [] Information about additional costs for service of process is contained in Attachment 5d. 6. Attachment expenses (specify): 7. Surety bond premiums (itemize bonds and amounts): 8. a. Ordinary witness fees Name of witness TOTAL 5. 6. 7. Daily fee Mileage days at $/day miles at ¢/mile: days at $/day miles at ¢/mile: days at $/day miles at ¢/mile: days at $/day miles at ¢/mile: days at $/day miles at ¢/mile: (6) [7] Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL 8afs 000 (Continued on next page) Total MGSO Re: Septier 201] MEMORANDUM OF COSTS (WORKSHEET) ~ Page 2 of MC-011 SHORT TITLE CASE NUMBER: SERENA YOUNG v. PHILIP E. HILL M.D, etal. NC061797 8. b. Expertfees (per Code of Civil Procedure section 998) Name of witness Fee (1) Anthony E. Ghosn 28 hours at $ 250/hr $ 7,000.00 (2) Larry E. Russell 38 hours at $ 250/hr (3) Kurt Stake 2 hours at $ 450/hr [$900.00 (4) hours at $ [hr Fr] (5) 5) [_] Information about additional expert fees is contained in Attachment 8b(5). c. Court-ordered expert fees Name of witness Fee (1) hours at $ /hr (2) hours at $ [hr (3) [_] Information about additional court-ordered expert fees is contained in Attachment 8c(3). SUBTOTAL 8b[S 17.4000 FW 0° SUBTOTAL SCS 1 TOTAL (8a, 8b, & 8¢) 8$ 9. Court-ordered transcripts (specify): 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required): 11. Models, enlargements, and photocopies of exhibits (specify): Photocopies of Trial Exhibits / Materials 12. Court reporter fees (as established by statute) a. (Name of reporter): Fees: $ b. (Name of reporter): Fees: $ c. [1 Information about additional court-reporter fees is contained in Attachment 12c. 13. Interpreter fees a. Fees of a certified or registered interpreter for the deposition of a party or witness (Name of interpreter): Fees: $ Fees: $ b. Fees fora qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project or a pro bono attorney (Name of interpreter): Fees: $ Fees: $ c. [1 Information about additional court-reporter fees is contained in Attachment 13c. (Name of interpreter): (Name of interpreter): 14. Fees for electronic filing or service of documents through an electronic filing service provider (enter here if required or ordered by the court): 15. Fees for hosting electronic documents through an electronic filing service provider (enter here if required or ordered by the court): 16. Other (specify):Service on Subpoenas;travel expenses; trial transcripts; Titan Legal; mediation 17,400.00] oo F___ of] 11 TOTAL. FT] ToTAL13. [f00y 14 15.500 16. TOTAL COSTS fF wm (Additional information may be supplied on the reverse) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) ~ Page 3 of MC-011 SHORT TITLE SERENA YOUNG v. PHILIP E. HILL M.D., etal. CASE NUMBER: NC061797 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1(9) Proposed Order Re: Ex Parte Application to Continue Trial $20.00 4(e) Larry Russell Transcribing $623.00 Kelly Ann Johnson Transcribing $600.50 J anice M. Bush Transcribing $287.00 16 Deposition Subpoena Costs: $283.25 Service of Subpoenas: Los Alamitos Surgery Center $144.50 Bank of America $144.50 Craig Asanuma $144.50 Travel Expenses: $881.83 Service Costs: $728.50 Court Delivery Costs: $472.00 Mediation Fee: $1,875.00 Kusar Court Reporters: $4,064.90 MC-011 [Rev. September 1, 2017] For your protection and privacy, please press the Clear This Form button after you have printed the form. MEMORANDUM OF COSTS (WORKSHEET) | Print this form | | Save this form | 4 of ~ Clear this form S S © 0 9 O N nn B W N D NN N N N N N N N ND m m e m e m e m e m e m e m e m 0 NI O N Ln BA W N = O OV 0 0 N D W I N D PROOF OF SERVICE F.R.C.P.5/C.C.P. § 1013(a)(3), C.C.P. § 1010.6(a)(6) / Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is: DANIEL E. PARK LAW CORPORATION, 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038. On April 16, 2020, I served the following document(s), by method indicated below, on the parties in this action: SEE ATTACHED SERVICE LIST MEMORANDUM OF COSTS (SUMMARY) [IBY U.S. MAIL By placing [] the original / [_]a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing at DANIEL E. PARK LAW CORPORATION, 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038, following ordinary business practices. I am readily familiar with DANIEL E. PARK LAW CORPORATION’s practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. [] BY OVERNIGHT DELIVERY/FEDERAL EXPRESS By delivering the document(s) listed above in a sealed envelope(s) or package(s) designated by the express service carrier, with delivery fees paid or provided for, addressed as per the attached service list, to a facility regularly maintained by the express service carrier or to an authorized courier or driver authorized by the express service carrier to receive documents, who received these documents at 925 N. La Brea Ave., 4th Floor, West Hollywood, California 90038. XI BY ELECTRONIC SERVICE By electronically transmitting courtesy copies the document(s) listed above to the email address(es) of the person(s) set forth on the attached service list. Parties have agreed to electronic service in this action pursuant to California Code of Civil Procedure § 1010.6(a)(6) and LASC Local Rule 18.0(g). To my knowledge, the transmission was reported as complete and without error. [] BY PERSONAL SERVICE [0 By causing the personal delivery and handing of the document(s) listed above to the person(s) identified on the attached service list. [1 By personally delivering of the document(s) listed above to the office address(es) as shown on the attached service list and leaving said document(s) with a clerk or other person in charge, or if no one is in charge leaving it in a conspicuous place in the office(s). [O By causing the personal delivery of the document(s) listed above to the address(es) as shown on the attached service list and leaving said document(s) with someone of suitable age and discretion residing at said address(es). [] BY FACSIMILE By transmitting the document(s) listed above from DANIEL E. PARK LAW CORPORATION in Los Angeles, California to the facsimile machine telephone number(s) set forth on the attached service list. Service by facsimile transmission was made pursuant to agreement of the parties, confirmed in writing, or as a courtesy to the parties. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on April 16, 2020, at West Hollywood, California. : Madeline Flyh 1 PROOF OF SERVICE © 0 9 O N On Bs W N = N N N N ND N N N NN H o m mm e m e m e m e m e m e m oO NN A N Ln BA W N = O VO N N N B R A W N = O SERVICE LIST Roy J. Jimenez, Esq. Daniel A. Cooper, Esq. Tredway, Lumsdaine & Doyle LLP 3900 Kilroy Airport Way, Suite 240 Long Beach, CA 90806 Tel: (562) 923-0971 Fax: (866) 831-7302 E: rjimenez@tldlaw.com dcooper@tldlaw.com Attorneys for Plaintiff Serena Young Via Electronic Service 2 PROOF OF SERVICE EXHIBIT "4" C O S T S R E Q U E S T E D TO BE T A X E D A M O U N T D E S C R I P T I O N R E A S O N TO BE T A X E D Item 1 $60.00|Motion to Quash Deposition Unnecessary to the conduct of this Filing and motion Subpoena on Union Bank litigation fees $20.00|Stipulation and Protective Order Unnecessary to the conduct of this litigation $60.00|Motion to Quash Deposition Unnecessary to the conduct of this Subpoena on Craig A s a n u m a litigation $60.00|Motion to Quash Deposition Unnecessary to the conduct of this Subpoena on Edwin Young litigation $60.00(Ex Parte Application to Continue Unnecessary to the conduct of this Trial litigation $20.00|Proposed Order for Ex Parte Unnecessary to the conduct of this Application to Contine Trial litigation T O T A L TO BE T A X E D F O R $280.00 I T E M 1 $679.63 |Jury Fees 3/13/2020 Fees incurred after 3/10/2020 dismissal. Fees should be split with Item 2 Defendant Philip E. Hill, an individual Jury Fees $108.19|Jury Fees 3/15/2020 Fees incurred after 3/10/2020 dismissal. Fees should be split with Defendant Philip E. Hill, an individual T O T A L TO BE T A X E D F O R $787.82 I T E M 2 Y o u n g v. Philip E. Hill, M.D., Inc., et al; N C 0 6 1 7 9 7 1 o f 5 C O S T S R E Q U E S T E D TO BE T A X E D A M O U N T D E S C R I P T I O N R E A S O N TO BE T A X E D $1,222.05| Deposition of Serena Young Item 4 Fees should be split with Defendant Deposition costs Philip E. Hill, an individual $783.10| Deposition of Kurt Stake Fees should be split with Defendant Philip E. Hill, an individual $596.05 [Deposition of Pratibha Patel Paid for by L B A O , N O T Hill, Inc. $384.05| Deposition of Anthony Goshn Diimecessary to the conduct af is litigation; Defense counsel maintained the original transcript. Unnecessary to obtain a second copy. $623.00 Deposition. of Larry Russa] Unnecessary to the conduct of this litigation; Defense counsel maintained the original transcript. Unnecessary to obtain a second copy. $600.50| Deposition of Kelly Ann Johnson Fees should be split with Defendant Philip E. Hill, an individual $287.00|Deposition of Janice M. Bush Fees should be split with Defendant Philip E. Hill, an individual T O T A L TO BE T A X E D F R O M $4,495.75 I T E M 4 Y o u n g v. Philip E. Hill, M.D., Inc., et al; N C 0 6 1 7 9 7 2 0 o f 5 C O S T S R E Q U E S T E D TO BE T A X E D A M O U N T D E S C R I P T I O N R E A S O N TO BE T A X E D $7,000.00|Expert fee - Anthony E. Ghosn of [Paid for by L B A O . Expert fees Item 8b D P M incurred prior to the 998 Offer dated Expert fees October 25, 2019. $9,500.00|Expert fee- Larry E. Russell of D P M [Paid for by L B A O . Expert fees incurred prior to the 998 Offer dated October 25, 2019. $900.00|Expert Witneess fee for deposition - [Paid for by L B A O . Kurt Stake T O T A L TO BE| $17,400.00 T A X E D F O R $76.95 |Photocopies of Trial Exhibits/ Item 11 Marterials Plaintiff's counsel provided copies of Models, blowups, trial exhibits; no blow ups or models and photocopies of used during trial; not helpful to the exhibits trier of fact. T O T A L TO BE T A X E D F O R $76.95 I T E M 11 $177.60|Filling and service fees Item 14 There was no court order to serve Fees for electronic through a electronic service provider. filling or service of Any filing fees should be paid for documents equally by all Defendants. T O T A L TO BE T A X E D F O R $177.60 I T E M 14 Y o u n g v. Philip E. Hill, M.D., Inc., et al; N C 0 6 1 7 9 7 C O S T S R E Q U E S T E D TO BE T A X E D A M O U N T D E S C R I P T I O N R E A S O N TO BE T A X E D Item 16 $283.25| Deposition Subpoena Costs Unnecessary to the conduct of this Other litigation $144.50|Service of Subpoena to Los Unnecessary to the conduct of this Alamitos Surgerv Center litigation $144.50(Service of Subpoena to Bank of Unnecessary to the conduct of this America litigation $144.50|Service of Subpoena to Craig Unnecessary to the conduct of this A s a n u m a litigation $881.83 | Travel Expenses Unnecessary to the conduct of this litigation; unreasonable, excessive. Fees to be split with Defendant Philip E. Hill, an individual. Should not include fees incurred after March 10, 2020. Unnecessary to the conduct of this $728.50 Service Costs litieation $472.00|Court Delivery Costs Unnecessary to the conduct of this litigation $1,875.00|Mediation Fee Unnecessary to the conduct of this litigation $4,064.90|Kusar Court Reporters Code of Civil Procedure § 1033.5 (b)(5) does not allow for costs for “transcripts of Court proceeding not ordered by the Court” T O T A L TO BE $8,738.98 T A X E D F O R I T E M 8b Y o u n g v. Philip E. Hill, M.D., Inc., et al; N C 0 6 1 7 9 7 4 o f 5 C O S T S R E Q U E S T E D TO BE T A X E D A M O U N T D E S C R I P T I O N R E A S O N TO BE T A X E D G R A N D T O T A L TO BE T A X E D $31,957.10 Y o u n g v. Philip E. Hill, M.D., Inc., et al; N C 0 6 1 7 9 7 5 0 f 5 EXHIBIT "5" 4/27/2020 https://statements.unionbank.com/actions/soa/imagerequest.do Account Check number Reference Posted Amount 2480010402 10624 07600950 02/28/2020 $242.05 10624 L.B. ADVANCED ORTHOPEDIC MEDICAL CTR INC b ad 1760 Tomb Are aE 208 16-49/1220 LONG BEACH, CA 90804 INV 2S 324648 - 01-01 . " 02.0l v * 03-01 MOL0B 2k 1142 2000L9612 2LB0O0AOLO 2 EAA rs ma d { ¢ T r e a l Po ademas whl ln jaa 20 60 70 61 IN I SE DI A¥ S TV OA TN VI LL AI NO LI SO 4H Q 40 4 IN VE SI NV HO UT W ¥ S N A N U V J O U F A N O FH L CL A V a 3 t https://statements.unionbank.com/actions/soa/imagerequest.do 1/1 4/27/2020 https://statements.unionbank.com/actions/soa/imagerequest.do Account Check number Reference Posted Amount 2480010402 10623 07661786 02/19/2020 $4000.00 3 10623 LB. ADVANCED ORTHOPEDIC MEDICAL CTR INC W UnlonBank +43 541.4433 Swi 17 Re on os x 16 42/1225 ad. / 1 & [20 gues howd € wk tow Copan 54,000 % Kroun Thousand olotlars and No Chilo mmm its | Lai . a o ¢ , wn . NE Z Rent fuged fie ya 7 2/7 | c a m e - MIvO lar os SNFRINATBTes . - "030623 1122000L96: 2LBOOLOLO 2s ‘ ® say wi TE ap nd iam . 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Servi 4 A AUN AN | name: Youna V Hill: CT me er lorp MEMO Povtys Dam iy (Loos ent a ao te oF #0 M0550 23 2 2000L9G1E 2LB00 A0LO 2m Fe re { va Lig dq 438% + 50 : : 0 2 sip df quays iiie | ¥ 23, 3 : Bd: fe CER EER Qa 4) = CHR 2 TERI BLE EE SE 3 iid Bed © af lf = REE Eg {A = 3 28 Bp aii i SEE EL Late il E113 FEE i # ; of £1 ° 0 i i=l 32 Ee E / 3h 82 £ 21 of ‘ ; | s mz : y #0 : { | 8 17 4/27/2020 https:/statements.unionbank.com/actions/soa/imagerequest.do | Account Check number Reference Posted Amount | 2480010402 10551 08287616 11/21/2019 $5855.07 13 10551 LB. ADVANCED ORTHOPEDIC MEDICAL CTR ING WU unionsark TERRE SH n-2t8 . a ; meere Tome] E. fark Law Coporahon $5,855 % : Tine Hwusend Eight hundred fifhes-Lie_dallere and Seven Cents cous ; Salt ~ a . “w ° ~~ i wrva Legal Re: RAO RE Tam d } eerwvmas re #030551 12122000L861 2LBOOIOLO 2» . + Ee xe Is = 2 4 7 = 2 = ! Tu a : E \ El og 8 ! 5 . ‘ Col = 03 i ~ CoE Lh Co » it Co 3 - mee hitps://statements.unionbank.com/actions/soalimagerequest.do 17 4/27/2020 https:/statements.unionbank.com/actions/soa/imagerequest.do Account Check number Reference Posted Amount 2480010402 10535 06076184 11/12/2019 $990.00 i 10535 LB. ADVANCED ORTHOPEDIC MEDICAL CTR ING Us unionsari : 1750 TERING Ere 208 Fe . Eo 1649/1220 \ | w/19 weep Daachor $9290.% ine, hundred Nurehy collars. 0 py ti ots " Lm vews Qhober. 20, 2014 LBA Bxpert Toes” "aw = : ”*DA0535* KX L22000L96E 2LB0OOAOLO 2 BD * Se cur ity f et es . Dot ait s on ha ck . lis ted b e l o w , os wel las t ho se 5” © © TA Ed ir en si on al fo. 8 2a! f u s e d 1 ch oo s | aw Cann .g : Frg os oro th o Ch ec k. F E D E R A L R E S E R V E B O A R D OF G O V o a c o e d i nd us tr y gu id el in es . GA TE . DO N O Y W R I T E , S T A M P OR SI GN B E L O W TH I RE SE RV ED "GR F IN AN CI AL IN T TUT ION Lat 3 U ME { } CHECK H E R E A F T E R M O B . 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For Deposit Only - JPMC x 2 fi <3 2 BE hitps://statements.unionbank.com/actions/soa/imagerequest.do 17M https://statements.unionbank.com/actions/soa/imagerequest.do 4/27/2020 Amount $8000.00 Check number Reference Posted Account 10/18/2019 06799700 9270 2480010402 B35 Dp Pricher -- ®00R270w «i22000L96N 2LBOOIOLO 2" ®=m% Brn Ocelrce l e s F o g o “Ho bly Lepoit Cag, D O N O T WRITE, S T A M P O R B RESERVED FOR FINANCIAL INET TUTION USE or 0 7 \ B m Security Features: ~~ * Muih-cimensonad iil seal fused 1 chack | Y i e g m n #iozx Cannot ow photocopied H e d t Sensitive nk * H o c red i m a g e with fingers or veathe on | = IL The Image wilt lade wrd rencpear | Trim Waterman * Hod Sn9ck 10 @ BgNt acurse 1 ew, Canna te protoczpied ! Viele Fibers + Visite oer sribwaded in the paser. Inastile F b a s * Fors in paper visble undur Litraviiat sgn. 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ADVANCED ORTHOPEDIC MEDICAL CTR INC Ww UnionBank { 23 MER weaarizo i 8 Thousand dollars and No Center -- i mi Two < olot we are qligha auount 2,000. = Be DPM Precchien i Py lv S01 [2~4 Inshllment \ ans - J 00g i 122000L968 2LBDDLIOLOD2w eee WET Ta. es ee g 3 vil . , g PE Fo leh i § ) al 208d s+ 3 a wa 4 2a ~ s : Se 1 BTL IAPR = cr : 3 Co 2 RN : ca fo W 3 { . > le ‘ . : : { - 9 = $ le EH 4 J gd fg Yel gs mgs bY FR =H i f+ oad Foo # ; . te "Pras al 8 2 oy IF i 11 4/27/2020 https://statements.unionbank.com/actions/soa/imagerequest.do Account Check number Reference Posted Amount 2480010402 9223 08364046 09/17/2019 $2500.00 9223 ‘L.B. ADVANCED ORTHOPEDIC MEDICAL CTR INC lo UnionBank | TRAE ieksrize { 8 pa Two Thousanel Five Hundred dolls and No Cents. _- ot Bl2¢] 2 k, ootnor DPM Prackied -a Fats 8 Raper wiknees Partul Fees for LBAO ©®D0S223« 1122000L968 2ZLB0O0IOLO Zw 1 . Sp an Ww, 3 W ta md nd n Vi aa na REL T I C S 4 a v “2 . { o i ~ r 8 IS N KO IA NI IL SH WI IN Y NI A MO S QI AM IS TN A N Y GI NA M O T I ND IS MO d R V L S ‘ A L I A T o n 1] https://statements.unionbank.com/actions/soa/imaacereauest.do Lo ng Be ac h, Ca li fo rn ia 90 80 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 39 00 Ki lr oy Ai rp or t Wa y, Su it e 24 0 oo 0 9 SN Un A W N N O N N N N N N N N em em em em em em e d d d CW N S N NM A W N = o O d S N R W N = O PROOF OF SERVICE Young v. Hill, M.D., et al. NC061797 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. | am employed in the County of Los Angeles, State of California. My business address is 3900 Kilroy Airport Way, Suite 240, Long Beach, CA 90806. On May 1, 2020, I served true copies of the following document(s) described as NOTICE OF MOTION AND MOTION OF PLAINTIFF SERENA YOUNG TO STRIKE AND/OR TAX COSTS OF DEFENDANT PHILIP E. HILL, M.D., INC.; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS OF ROY J, JIMENEZ AND SERENA YOUNG IN SUPPORT THEREOF on the interested parties in this action as follows: Daniel E. Park Attorneys for Defendant Philip E. Hill, Christooher C. Cianci M.D. Wei Cai DANIEL E. PARK LAW CORPORATION 925 N. La Brea Ave., 4" Floor West Hollywood, CA 90038 Telephone: (213) 336-3767 Facsimile: (818) 479-9958 dpark@parklawcorp.com christovher@pvarklawcorp.com wei@parklawcorp.com BY ELECTRONIC SERVICE: I electronically filed the document(s) with the Clerk of the Court by using the One Legal system. Participants in the case who are registered users will be served by the One Legal system. Participants in the case who are not registered users will be served by mail or by other means permitted by the court rules. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 1, 2020, at Long Beach, California. Cop© dB Crystal Nguyen (May 1, 2020) Crystal Nguyen 3 NOTICE OF MOTION AND MOTION OF PLAINTIFF TO STRIKE AND/OR TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATIONS IN SUPPORT THEREOF
