Case Number: BC483890 Hearing Date: February 13, 2015 Dept: 73
2/13/15
Dept. 73
Rafael Ongkeko, Judge presiding

AOYS vs. DAVTYAN; related cross-action (BC483890)

CROSS-COMPLAINANT’S MOTION TO STRIKE/TAX COSTS (filed 12/19/14)

Counsel for cross-complainant/moving party Davtyan: Nancy Doumanian
Counsel for cross-defendant/opposing party Kaiser: Brandon Fields
Other counsel: Omitted.

TENTATIVE] RULING RE:
CROSS-COMPLAINANT’S MOTION TO STRIKE/TAX COSTS (filed 12/19/14)

The motion to strike and/or tax cross-defendant’s costs is granted in part, and denied in part as ordered below.

DISCUSSION

Following a bench trial and judgment in its favor, prevailing party cross-defendant Kaiser filed a memorandum of costs. Cross-complainant Davtyan filed his motion to strike or tax cross-defendant’s costs. The court has considered all moving, opposing, and reply papers.

Motion to strike entire cost bill as untimely: Denied. The dangers of cut-and-paste document preparation are evident in p. 1 of the memorandum of points and authorities. Who is Plaintiff Elizabeth Pop? (1:11) Why is the Kaiser memorandum of costs untimely (1:5) and where is the support for this assertion? Having been filed within the 15(+5)day period set forth in CRC 3.1700(a)(1), the cost bill is timely.

Motion to strike entire cost bill due to “lack of documentation:” Denied. The memorandum of costs (filed 12/16/14) is verified and generally constitutes prima facie evidence of the items claimed therein. Oak Grove School Dist. v. City Title Ins. Co. (1963) 217 Cal. App. 2d 678, 698. Plaintiff has not offered any basis to strike the entire memorandum on this basis.

Motion to strike individual cost bill items:
The court allows the cost bill in its entirety, with the exception of the following items, which are taxed and disallowed as improper, unauthorized, not reasonably necessary, or unreasonable in amount (CCP 1033.5(c)(2),(3):

1. Filing and motion fees:
Strike all “filing fees” except for the answer ($1,305).
Disallowed total: $1112.70
New total for Category 1: $1,305.00

4. Deposition costs:
All depositions- All costs allowable under the Thon case, except cost of meals. Strike all meals claimed.
Court appearances (hearings; trials; motions, etc). Strike all costs claimed.
Counsel to meet and confer and determine the amount in accordance with these rulings.

Disallowed total: $ TBD
New total for Category 4: $ TBD

5. Service of process: Allow all.

8. Ordinary witness fees: Strike all.
Disallowed total: $560.00
New total for Category 8: $ 0

11. Models, blowups, and photocopies of exhibits: Allow all.

12. Court reporter fees: All fees allowed, but transcripts are disallowed. Kaiser’s position on this (Opposition 6:8-12) is unclear. Counsel to meet and confer and determine the amount in accordance with these rulings.
Disallowed total: TBD
New total for Category 12: $ TBD

Subtotal of disallowed items: $___________
Final total after motion to tax: $___________

Based on the foregoing, defendant’s memorandum of costs is stricken in part. The amount allowed and ordered is $ .

Unless waived, notice of ruling by moving party.