What is a Motion to Tax Costs?

Useful Rulings on Motion to Tax Costs

Recent Rulings on Motion to Tax Costs

ARANGO VS. ARNOLD MD

Plaintiffs did not file a motion to tax costs and did not raise an objection to costs in its opposition. The Court confirms the Arnold Defendants timely claimed recoverable costs. Plaintiffs Carlos Arango and Monica Ghersi are ordered to pay the Arnold Defendants costs on appeal in the amount of $531.53. IT IS SO ORDERED.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

GARCIA VS BERTONE HEARING RE: MOTION TO TAX COSTS BY PAULA MARIE BERTONE

On March 10, 2020, Plaintiff filed a memorandum of costs seeking $33,640.95 in costs. Defendant moves to strike or tax those costs under Code of Civil Procedure sections 1033.5 and 1034, and Rules of Court, rule 3.1700. The Court grants the motion with respect to $29,541.85 in claimed costs, and otherwise denies the motion. Defendant is awarded cos...

  • Hearing

    Sep 21, 2020

ARANGO VS. ARNOLD MD

Plaintiffs did not file a motion to tax costs and did not raise an objection to costs in its opposition. The Court confirms A Perfect Match timely claimed recoverable costs on appeal in the amount of $390. Plaintiffs Carlos Arango and Monica Ghersi are ordered to pay Defendant A Perfect Match, Inc. costs on appeal in the amount of $390. IT IS SO ORDERED.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

DAKOTA FINANCIAL, LLC VS TIGER TRANS INC., ET AL.

The filing and service fees appear reasonable and are not challenged by a motion to tax costs. Conclusion Plaintiff Dakota Financial, Inc.’s Motion for Attorneys’ Fees and Costs is GRANTED IN THE AMOUNT OF $7,474.55 ATTORNEY’S FEES AND $1,100.00 COSTS. Moving party to give notice.

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

CHRISTOPHER SANFORD, ET AL. VS KIA MOTORS AMERICA, INC., A CALIFORNIA CORPORATION

Finally, in any event, even if the $4,000 settlement was less than the amount alleged in the FAC, Defendant fails to cite any authority as to why the $4,000 settlement does not qualify as a “net monetary recovery” for purposes of Code of Civil Procedure section 1032(a)(4). The court finds that Plaintiffs were the prevailing party. Reasonableness of Attorney’s Fees Plaintiffs request a total of $25,780.85 in attorney fees and $853.85 in costs. (Nita Decl. ¶ 3.)

  • Hearing

    Sep 21, 2020

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

KRISTA LYNN TAYLOR VS LISA HANKIN

On July 21, 2020, the Court granted in part and denied in part Plaintiffs’ motion to tax costs. The Court found that total costs in the sum of $14,4296.62 are allowed. On August 18, 2020, Defendant Lisa Hankin filed the instant motion for order requiring undertaking to stay enforcement of judgment on appeal. ANALYSIS: I. Legal Standard The “trial courts have discretion to impose an undertaking requirement with regard to a judgment solely for costs.” (Quiles v.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

JOHN J STEF VS PUEBLO RADIOLOGY MEDICAL GROUP INC ET AL

Mariners Mile Gateway, LLC (2010) 185 Cal.App.4th 1050, 1065, which held that when sophisticated parties specifically provide for recovery of expert witness fees in a freely negotiated contract, such fees may be recovered by including them on a memorandum of costs, and proving them if a motion to tax costs is filed.

  • Hearing

    Sep 18, 2020

  • Judge Donna Geck
  • County

    Santa Barbara County, CA

PDTW, LLC VS. KRING & CHUNG

But Plaintiffs, as is their right, challenged the unclear memorandum through a motion to tax costs, and Defendants, in response, provided the documents necessary to (largely) meet their burden of proving recoverability. Taking the foregoing into account, Plaintiffs’ motion is GRANTED as to the courtesy copies and DENIED in all other respects. Defendants are awarded $7,245.65 in costs. III.

  • Hearing

    Sep 18, 2020

SCOTT SCHREIBER ET AL VS CITY OF LOS ANGELES ET AL

CITY OF LOS ANGELES Case Number: BS173256 Hearing Date: September 18, 2020 [Tentative] ORDER DENYING THE MOTION TO TAX COSTS OF RESPONDENT CITY OF LOS ANGELES ORDER DENYING THE MOTION TO TAX COSTS OF REAL PARTIES IN INTEREST KIWI NEMAN AND 488 SAN VICENTE LLC

  • Hearing

    Sep 18, 2020

  • Type

    Administrative

  • Sub Type

    Writ

ADELAIDE ROSE PALMSTROM VS CITY OF PASADENA ET AL

The Court does not find that these are valid grounds to grant the motion to tax costs. While the Court is sympathetic to the plight of many suffering financially as a result of COVID-19, this is not a sufficient basis to grant the motion to tax costs or strike WCA’s memorandum of costs in its entirety. [2] Total, WCA seeks $24,271.16 in costs to take depositions ($18,132.16) and travel costs ($6,139.00). Subtracting $2,453.80 and $2,392.55 from $24,271.16 is $19,424.81.

  • Hearing

    Sep 18, 2020

  • County

    Los Angeles County, CA

ANDREW BURKOT VS COUNTY OF LOS ANGELES ET AL

Conclusion re Motion to Tax Cost Plaintiff’s motion to tax costs is granted in part and denied in part such that County’s requested costs shall be awarded as follows: Total Requested by County $37,917.08 · Item 2. Jury Fees - $150 · Item 4. Deposition Costs - $10,126.35 · Item 5. Service of Process - $5,111.28 · Item 8. Witness Fees – $18,233.76 · Item 11. Court Reporter Fees as Established by Statute - $0 (reduced by $1,526) · Item 12.

  • Hearing

    Sep 18, 2020

  • County

    Los Angeles County, CA

JOHN VORZIMER ET AL VS STEVEN BERKOWITZ ET AL

On September 11, 2020, Defendants filed a "Response to Plaintiffs' Motion to Tax Costs," stating that they do not oppose the items identified in the motion. Accordingly, Defendants' costs are reduced in the amount of $4,437.57 and total costs awarded is now $16,649.34. Counsel for the Plaintiffs to give notice.

  • Hearing

    Sep 17, 2020

EPIFANIO ROMAN VS GENERAL MOTORS LLC

In Reply, Plaintiff argues that GM should have filed a Motion to Tax Costs instead of objecting to this Motion for Attorneys’ Fees and Costs. (Reply at p. 10.) Plaintiff does not cite any law stating that the opposing party can only properly object to costs in a Motion to Tax Costs.

  • Hearing

    Sep 17, 2020

  • Type

    Contract

  • Sub Type

    Breach

MUHAMET CIFLIGU ET AL VS. AMBITIONS CALIFORNIA, INC ET AL

., et al.’s Motion to Tax Costs Muhamet Cifligu, et al.’s Motion to Tax Costs Muhamet Cifligu, et al.’s Motion to File Confidential Agreement Under Seal TENTATIVE RULING Colliers International Greater Los Angeles, Inc., et al.’s Motion for Attorneys’ Fees is granted. Muhamet Cifligu, et al.’s Motion for Attorneys’ Fees is denied. Colliers International Greater Los Angeles, Inc., et al.’s Motion to Tax Costs is granted. Muhamet Cifligu, et al.’s Motion to Tax Costs is denied.

  • Hearing

    Sep 16, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

SUMER CAMPA VS SLV INVESTMENT COMPANY LLC ET AL

Conclusion Plaintiff’s motion to tax costs is granted in the amount of $4,434.27. Plaintiff’s motion for attorney fees is granted in the total amount of $140,000.00

  • Hearing

    Sep 16, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

PEACHES NONG JENSEN ET AL VS CHARON SOLUTIONS INC ET AL

The minute order for that hearing, however, stated:“The motion to Tax Costs is GRANTED as to items 10 in the amount of $443.73. Pursuant to the legal analysis attached to the tentative ruling given to counsel’” Charon contends that the July 17, 2012 minute order reflects a ruling by the Court rejecting Peachtree’s motion to tax the attorney’s fees in total.

  • Hearing

    Sep 15, 2020

WILLIAM GLAD VS HONG WASH LLC ET AL

Conclusion The motion to tax costs is granted as to the jury fee of $150 only. It is otherwise denied. The parties are reminded that there is an ORAP and an OSC re: dismissal after settlement on calendar today concurrently with the hearing on the two motions, above.

  • Hearing

    Sep 15, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

RICARDO PRADO ET. AL. VS. DARIN STOYTCHEV ET. AL.

Furthermore, ... section 1032, subdivision (a) only defines ‘[p]revailing party’ as the term is used ‘in that section.’ It does not purport to define the term for purposes of other statutes.” Heather Farms, supra, 21 Cal.App.4th at p. 1572; see also Salehi, supra, 200 Cal.App.4th at p. 1152-1153. A voluntary dismissal does not preclude a finding of prevailing party status under CC §5975). See Alamanor, supra, 246 Cal.App.4th at 773; Parrot v. Mooring Townhomes Assn. (2003) 112 Cal.App.4th 873, 878.

  • Hearing

    Sep 15, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

DOTSON VS. AACRES L.L.C.

Motion to Tax Costs filed by Aacres LLC OFF CALENDAR

  • Hearing

    Sep 14, 2020

ANTHONY ALIMONTI VS. FORD MOTOR COMPANY, A DELAWARE CORP

Defendant’s motion to tax costs for copies and Court Call is denied. Defendant’s motion to tax costs is denied. Ross 9/13/2020 ………………………… Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing.

  • Hearing

    Sep 13, 2020

MILAN REI VIII, LLC, A DELAWARE LIMITED LIABILITY COMPANY VS GREEN SOLAR TECHNOLOGIES, INC.

On February 7, 2020, the Court granted Defendant’s motion to tax costs in part such that Plaintiff was awarded a total amount of $7,839.18 in total costs. On February 3, 2020, Plaintiff filed this instant motion for attorney’s fees in the amount of $60,482.50. On August 28, 2020, Defendant filed an opposition to the motion. On September 3, 2020, Plaintiff filed a reply brief.

  • Hearing

    Sep 11, 2020

  • County

    Los Angeles County, CA

KAI HOU LIANG VS JI LI

SUBJECT: Motion to Tax Costs Moving Party: Ji Li Resp. Party: None Defendant Ji Li’s motion’s to tax costs is DENIED. BACKGROUND: Plaintiff Kai Hou Liang brought suit on June 15, 2018. Pursuant to the operative first amended complaint (“FAC”), filed June 26, 2018, Plaintiff asserted causes of action for: (1) Fraud; (2) Negligent Misrepresentations; (3) Violation of Bus. & Prof.

  • Hearing

    Sep 11, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

: MBA V. NIVANO PHYSICIANS

Defendant's Motion to Tax Costs Defendant's Motion to Tax Costs is granted in part. The following items are stricken: Item 1: $6,355.31 are stricken. There are double entries for filing fees that appear to be improper messenger or fax-filing service fees. Item 4: $38,270.19 are stricken. Court reporter fees at trial are not permitted costs. Item 5: $1,547.00 are stricken. All costs above the actual filing fees, such as messenger fees and fax-filing service fees are not permitted.

  • Hearing

    Sep 11, 2020

  • Judge

    Dept. 6

  • County

    Nevada County, CA

COREY PRATHER VS GNG RESTAURANT GROUP LLC ET AL

(BC604313) TENTATIVE RULING: Defendant/Cross-Complainant Ben Garcia’s Motion to Tax Costs or in the Alternative, Strike the Costs Bills of Plaintiff is GRANTED IN PART. Defendant/cross-defendant Ben Garcia (“defendant”) contends that, because the judgment in favor of plaintiff could have been recovered in a limited civil case, the Court should exercise its discretion under CCP § 1033(a) to reduce or deny plaintiff Corey Prather’s costs.

  • Hearing

    Sep 11, 2020

6401 BALBOA AVENUE LLC VS CALIFORNIA FOOD MANAGEMENT LLC

The court reserves on the issue of costs until the time to file a motion to tax costs has expired. Defendant's cost memorandum requests costs of $113,726.71, plus costs of $2,639.48 for costs on appeal. However, the in defendant's points and authorities, defendant requests $126,235.58. Neither party discusses whether the costs are identical or duplicative.

  • Hearing

    Sep 10, 2020

  • Type

    Contract

  • Sub Type

    Breach

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