Motion Types Legal Issues

What is a Motion to Tax Costs?

Most Useful Motion to Tax Costs Examples

Recent Examples of Motion to Tax Costs

1-25 of 500 results

CENTER FOR BIO-ETHICAL REFORM, INC. VS. THE IRVINE COMPANY, LLC

...which is not shown to be a court record. Plaintiffs may not recover their costs of suit for the trial. Plaintiffs filed a Memorandum of Costs, defendant moved to tax costs, and this court granted the motion on February 16, 2018 on the ground that there was no prevailing party at trial because plaintiffs prevailed on two issues (Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1...

...bag. Plaintiffs may recover the attorneys’ fees they incurred on or before the date the original Judgment was entered, December 28, 2017, notwithstanding CRC Rule 3.1702(b)(1), which provides that any “motion to claim attorney’s fees for services up to and including the rendition of judgment in the trial court-including attorney’s fees on an appeal before the rendition of judgment in the trial court-must b...

  • Hearing

    Feb 21, 2020

UNIQUE HOMES BY CASPIAN INC VS ERI KROH ET AL

SUBJECT: Motion to Amend Judgment Moving Party: Defendant/Cross-Complainants Eri Kroh and 1400 Linda Flora Associates, LLC Responding Party: Amir Babak Mirdamadi Kroh/1400’s motion to amend judgment is DENIED. BACKGROUND: On December 18, 2015, Plaintiff Unique Homes by Caspian, Inc. (“Unique”) commenced this action against Defendants Eri Kroh and Hankey Capital, LLC for (1) br...

...of work. (Id.) During the construction, material changes were made to the approved plans and specifications, and Unique incurred additional costs. (Id. at ¶ 9.) Kroh agreed to pay for these additional costs and Unique proceeded with the work. (Id.) Unique alleges that Kroh failed to pay the agreed-upon compensation and improperly terminated the contract. (Id. at ¶ 11.) Unique alleges that all defendants ...

  • Hearing

    Feb 20, 2020

MARIA CANO VS GENERAL MOTORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

HEARING DATE: February 18, 2020 CASE NUMBER: 19STCV04011 CASE NAME: Maria Cano v. General Motors, LLC TRIAL DATE: March 24, 2020 MOTION: Motion to Compel Further Responses to Form Interrogatories MOVING PARTIES: Plaintiff, Maria Cano OPPOSING PARTY: Defendant, General Motors, LLC PROOF OF SERVICE: OK OPPOSITION: February 5, 2020 REPLY: F...

...further responses to form interrogatories is GRANTED as to 1.1, 15.1 and 17.1 and otherwise denied. Plaintiff is to provide notice and GM is to provide further, verified responses within 20 days. MOTION: Motion to Compel Further Responses to Requests for Production MOVING PARTIES: Plaintiff, Maria Cano OPPOSING PARTY: Defendant, General Motors, LLC PROOF OF SERVICE: OK OPPOSITION: February 5, 2020 REPLY...

  • Hearing

    Feb 20, 2020

LINEA POLK VS DAVID GERRITY

...verdict is denied. Defendant’s motion to tax plaintiffs’ cost memorandum in the amount of $5,424.98 is granted. In all other respects, defendant’s motion to tax plaintiffs’ costs is denied. Plaintiffs’ motion for attorney’s fees is granted. Plaintiffs are awarded attorney’s fees in the amount of $225,000. Plaintiffs’ request for expert witness fees pursuant to Code of Civil Procedure Section 998 is denied....

... costs for $38,548.09. Both sides have filed motions for attorney’s fees and expert fees. In addition, plaintiffs have filed a motion for judgment notwithstanding the verdict and defendant has filed a motion to strike or, in the alternative, to tax plaintiffs’ cost bill. ANALYSIS: Plaintiffs’ Motion for Judgment Notwithstanding Verdict Plaintiffs move for an order for judgment notwithstanding the verdi...

  • Hearing

    Feb 19, 2020

ROYCROFT PROPERTIES LLC VS. STEHLY FARMS MARKET LLC

The Motion (ROA # 250) of Defendants / Cross-Complainants / Cross-Defendants STEHLY FARMS MARKET, LLC, CHRISTINA M. STEHLY, STELLA MELLOS-STEHLY, JEROME J. STEHLY, CHRISTINA M. STEHLY, AS CO-TRUSTEE OF THE JEROM...

...basis that the Motion does not include a Notice of Motion. _____ The Motion (ROA # 251) of Plaintiff ROYCROFT PROPERTIES, LLC ("Plaintiff") for an order to tax costs set forth in the Memorandum of Costs filed and served by Defendant / Cross-Defendant OLIVER GERMAN DBA OG SYSTEMS REFRIGERATION CO. ("Defendant" or "German"), is GRANTED. Preliminarily, the Court has read and considered the opposition an...

  • Hearing

    Feb 19, 2020

WHITE, KIT VS CHING, M ROBERT, MD ET AL

On Defendants' motion to vacate the judgment and enter a new and different judgment, the motion is granted. Defendants shall make an up-front payment of $1,499,340.98, which includes the lump sum calculations submitted by Plaintiffs, and prejudgment interest of $74,970.48. Post-judgment interest...

...prepare a periodic payment Judgment consistent with the Court's ruling. Defendants' motion for partial judgment notwithstanding the verdict is denied as moot. On Defendants' motion for new trial, the motion is denied on the grounds that the Court finds there was no error in giving jury instruction CACI No. 518. Assuming arguendo that there was error, such error was harmless in that there was no resulting...

  • Hearing

    Feb 19, 2020

ALFONSE VIRGILIO TRUSTEE OF THE VIRGILIO FAMILY TRUST VS PICKFORD REAL ESTATE INC

The Motion (ROA # 297, 305, 312) of Plaintiffs ALFONSE VIRGILIO, TRUSTEE OF THE VIRGILIO FAMILY TRUST, et al., on behalf of themselves and all others similarly situated ("Plaintiffs") for an order, pursuant to C...

...Civil Procedure 1033.5 and Rule 3.1700(b) of the California Rules of Court, to Strike or Tax the Fidelity Defendants' Memorandum of Costs, is GRANTED IN PART and DENIED IN PART. The Motion to strike the costs memorandum is DENIED. The Court's file reflects that Plaintiffs served the proposed order dismissing tis action on Defendants - ROA # 294; however, there is no evidence that the actual order was serve...

  • Hearing

    Feb 19, 2020

LINEA POLK VS DAVID GERRITY

Nature of Proceedings: (2) Attorney Fee Motions; Motion to Tax Costs Tentative not yet posted, please check again.

  • Hearing

    Feb 19, 2020

KAREEMAH MATEEN-BRADFORD VS. CITY OF COMPTON, ET. AL

# 8. Kareemah Mateen-Bradford v. City of Compton et al. Case No.: TC026769 Matter on calendar for: Motion to Tax Costs; Motion for Attorneys’ Fees (x3) Tentative ruling: I. Background This case went to trial on May 22, 2019. On June 11, 2019, the jury found for Bradford on her retaliation claim and awarded $655,000...

...resulting in three motions for attorneys’ fees. The motions are opposed. Current Motions: · Defendant’s Motion to Tax Costs · Motion for Attorneys’ Fees o Gladius Law, APC o The Simon Law Group, LLP · Motion for Attorneys’ Fees o Kraft Miles, A Law Corporation (formerly Kraft, Miles & Miller, LLP) · Motion for Attorneys’ Fees o Wesierski & Zurek, LLP The court needs additional time to further review t...

  • Hearing

    Feb 18, 2020

IN RE DANIEL CHAVARRIA

Motion: By petitioner for approval of transfer of structured settlement payments Tentative Ruling: To deny and dismiss petition with prejudice on the basis that the transfer is not in the best interests of D...

...petitions and the denial orders are not provided. Mr. Chavarria states that his monthly income aside from the $1,300 structured settlement payment is $2,000. He proposes that he sell all of his $1,300 tax-free monthly payments from December 2020, an additional $50,000 payment due in less than three years, as well as most of his last lump sum payment, at an immediate loss of $65,000 of the payments’ cur...

  • Hearing

    Feb 18, 2020

MANUELA 'AILA' KAHLFUSS VS. CALIFORNIA FAMILY HEALTH LLC, A DELAWARE COMPANY

Tentative Ruling: Motion for Preliminary Approval of Class Action Settlement The Court issues the following tentative ruling for the hearing on February 21, 2020, at 9:30 a.m. regarding the motion for preliminary approval of class action settlement filed by Plaintiffs Manuela "Aila" Kahlfuss, Trendete Randolph, individually and on behalf of all others similarly situated. No opposition has been ...

...RE-SET TO FEBRUARY 28, 2020 AT 9:30 A.M. While the Court's ruling tentatively indicates that it will grant preliminary approval of the class action settlement, the Court must still hold a hearing on the motion as it may involve the receipt of evidence. Thus, while the Court anticipates that neither Plaintiffs nor Defendant will request oral argument, and while no class member has indicated any intent to app...

  • Hearing

    Feb 18, 2020

MOUNTAIN VIEW MOBILE MANOR V. SIMMONS

...filed and served on plaintiff’s counsel a memorandum of costs seeking recovery of $180 in costs for filing and motion fees. There is no motion to strike or tax costs in the court’s file. “Any notice of motion to strike or to tax costs must be served and filed 15 days after service of the cost memorandum. If the cost memorandum was served by mail, the period is extended as provided in Code of Civil Procedur...

...Procedure, section 1013.” (Rules of Court, Rule 3.1700(b)(1).) “After the time has passed for a motion to strike or tax costs or for determination of that motion, the clerk must immediately enter the costs on the judgment.” (Rules of Court, Rule 3.1700(b)(4).) Defendant moves for an award of attorney fees in the amount of $7,830, which includes two hours to review an opposition and prepare a reply and o...

  • Hearing

    Feb 14, 2020

JEE YONG SHIN ET AL VS HILTON & HYLAND REAL ESTATE ET AL

Jee yong shin & STEFAN J. SHINN Plaintiffs, v. HILTON & HYLAND REAL ESTATE, INC., et. al. Defendants. Case No.: BC673414 Hearing Date: February 14, 2020 [TENTATIVE] order RE: motions for summary judgment or, in the alternative, summary adjudication BACKGROUND A. Shinn Action Plaintiffs Jee Yong Shin and Stefan J. Shinn (“Shin/Shinn”) commenced this action against Defendants Hi...

...Property. Shin/Shinn and the Hansens are presently engaged in an arbitration dispute regarding the scope and cost of repairs to be made to the Property because State Farm never agreed to pay the repair costs directly to Shin/Shinn’s contractors. Instead, State Farm made payments to the Hansens, and the Hansens have attempted to dictate what requested repairs are reasonable and the reasonable amount owed f...

  • Hearing

    Feb 14, 2020

THE MORTGAGE LAW FIRM, PLC VS ALL CLAIMANTS TO SURPLUS PROCEEDS AFTER THE TRUSTEE'S SALE OF THE REAL PROPERTY

TENTATIVE RULING Calendar: 1 Date: 2/14/20 Case No: 19 GDCP00462 Case Name: The Mortgage Law Firm, PLC v. All Claimants to Surplus Funds After Trustee’s Sale, etc. MOTION TO ALLOW PETITIONER TO DEPOSIT SURPLUS TRUSTEE’S SALE PROCEEDS [Civil Code §2924j, 2924k] SUMMARY OF FACTS: Petitioner The Mortgage Law Firm PLC is the foreclosing trustee under a Deed of Trust con...

...property, and on June 19, 2019 the Trustee’s Deed Upon Sale was recorded. The foreclosure resulted in surplus funds, representing the portion of the sale proceeds remaining after payment of the fees and costs of sale and the obligations on the subject first Deed of Trust, in the sum of $393,314.10. On July 3, 2019, petitioner mailed a notice of surplus funds to all interested parties. [Lewin Decl. Ex. B, ...

  • Hearing

    Feb 14, 2020

PEACHTREE SETTLEMENT FUNDING OF CALIFORNIA, LLC VS JOHANNA PADILLA

...settlement agreement, if available. (Pet., Ex. D.) (G) Proof of service showing compliance with the notification requirement, notification that any interested party is entitled to support or oppose the motion and notification of the time and hearing of this matter and when responses are due (Proof of Service). (H) It has been over 5 years since Transferor entered this structured settlement. (See Ins. Code...

...specific provision of the Insurance Code. California’s law is one of numerous similar state laws that provide a process for court approval of these transactions in order to avoid a prohibitive federal tax that is imposed on such transactions where court-approval is not obtained.[1] These state laws, and their interpretation by the Court provide guidance that is instructive to this Court’s inquiry regar...

  • Hearing

    Feb 14, 2020

REBECCA SINGH INDIVIDUALLY AND AS TRUSTEE VS. GENEAL CHIMA

NATURE OF PROCEEDINGS: TENTATIVE RULING RE: MOTION TO TAX COSTS I. Introduction. The motion of Plaintiffs Rebecca Singh, Ralie Singh And Stella Singh individually and as Trustees of the Ralie G. Singh and Stella M. Singh 1998 Family Revocable Trust, and Wi...

...amount of $9,112.38. Plaintiffs' motion seeks to tax Chima's claimed costs based on the following grounds: (1) Rebecca Singh is not a plaintiff in the first cause of action, and Chima has not allocated his costs between the Plaintiffs' two causes of action; (2) the costs claimed for the deposition of witness George Wass in the amount of $3,696.88 is unreasonably high; (3) the costs claimed for the exhibit bin...

  • Hearing

    Feb 13, 2020

JOSE VALENZUELA VS JAIME DE LA ROSA

...plaintiff/moving party: John Bazan (Bazan, etc.) Counsel for defendant/opposing party: Jose Palacio (Palacio, etc.) PLAINTIFF’S MOTION TO TAX COSTS (filed 12/30/19) TENTATIVE RULING Plaintiff’s motion to tax costs is GRANTED. Discussion On December 4, 2019, following a full bench trial, judgment was entered in favor of Defendant, against Plaintiff, on all causes of action. It was further ordered that “the Lis...

...provided by statute against Plaintiff. Defendant timely filed his memorandum of costs, seeking, inter alia, recovery of attorney’s fees in the amount of $48,019.60. Plaintiff now moves for an order taxing costs, arguing that Item 10 (Defendant’s request for attorneys’ fees) is improper because they are not allowable by contract, law, or statute as required under Code of Civil Procedure (CCP) § 1033.5. Additi...

  • Hearing

    Feb 13, 2020

ELDEFRAWY V. CIM GROUP, LP

The Motion to Tax Costs filed by moving party Plaintiff Ahmed Eldefrawy (here “MP”), as to the costs claimed in the Memorandum of Costs (“MOC”) filed on 11/18/19 and again on 1/30/20 by Stonekastle Community Management and Harbor Lofts Community Association (here “RPs”), is GRANTED IN PART. RPs have asserted a claim for fees as the pr...

...action. For Item 1, some of the costs were incurred for responding to another party’s pleading or for filing RP’s own cross-complaint. The Motion is granted as to those sums. For the MSJ filing fee, the Motion is granted in part, as the MSJ was directed to the Complaint and to various cross-claims. Only a portion should thus be recoverable here. (Whipple v. Cowdrey (1965) 235 Cal.App.2d 501, 504-505.) The C...

  • Hearing

    Feb 13, 2020

ALLEN CAMPBELL VS. ROBERT ROMINSKI

The parties are ordered to appear on Plaintiffs' Motion to Strike or Tax Costs, which is scheduled to be heard by the Court in Department 30 on February 19, 2020, at 9:30 a.m. The parties shall be prepared to address the timeliness of the filing of Defendants' Memorandum of Cost...

  • Hearing

    Feb 13, 2020

ALLEN CAMPBELL VS. ROBERT ROMINSKI

The parties are ordered to appear on Plaintiffs' Motion to Strike or Tax Costs, which is scheduled to be heard by the Court in Department 30 on February 19, 2020, at 9:30 a.m. The parties shall be prepared to address the timeliness of the filing of Defendants' Memorandum of Cost...

  • Hearing

    Feb 13, 2020

MARY BOKTAR GRISAND VS SUNLAND PALOS VERDES MONTESSORI INC

...No.: BC712204 Hearing Date: February 11, 2020 [TENTATIVE] order RE: Motion TO TAX COSTS BACKGROUND Defendant Sunland Palos Verdes Montessori, Inc. (“Defendant”) prevailed on its summary judgment motion against Plaintiff Mary Boktar-Grisand (“Plaintiff”). Defendant filed a memorandum of costs on December 13, 2019. Plaintiff moves to tax Defendant’s claimed costs. Defendant has withdrawn its request f...

...allowed or denied in the court’s discretion.” (Id., subd. (c)(4).) On a motion to tax, “[i]f the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. Whet...

  • Hearing

    Feb 11, 2020

AVEY V. MINK

Defendant’s (Virgil Mink) unopposed Motion to Tax/Strike Plaintiff’s Memorandum of Costs (Motion), filed on 10-16-19 under ROA No. 483, is GRANTED in part and DENIED in part. “If items on their face appear to be proper charges, the verified memorandum of costs is prima facie evidence of t...

...seeking to tax costs to show that were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. [Citations.] Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion. [Citation.] However, ...

  • Hearing

    Feb 11, 2020

IN RE THE ESTATE OF MARY PAULINE WINGFIELD, DECEASED

...Fees and Costs Amendment to Petition for Final Distribution with Waiver of Final Accounting; and for Allowance of Compensation for Statutory Attorneys’ Fees and Costs PREGRANT ORDER The court on its own motion continues the hearing to May 27, 2020 at 9:00 a.m. in Department 22. This matter was previously continued from October 16, 2019 to allow the petitioners to fix issues with the petition. However, after...

...within eighteen months of the date letters are issued if an estate tax return is required. Here, letters were issued on February 6, 2018. As the estate is of an insufficient size to require an estate tax return, the petition for final distribution or a status report was due by February 6, 2018. No petition was filed until August 12, 2019 and no status reports were filed in 2018 or 2019. The petitioner...

  • Hearing

    Feb 11, 2020

IN RE THE ESTATE OF WADE FRANKLIN WINGFIELD, DECEASED

Petition for Final Distribution with Waiver of Final Accounting; And for Allowance of Compensation for Extraordinary Attorney’s Fees and Costs PREGRANT ORDER The court on its own motion continues the hearing to May 27, 2020 at 9:00 a.m. in Department 22. Pending the continued hearing, the petitioner shall address the following: 1. Counsel is...

...within eighteen months of the date letters are issued if an estate tax return is required. Here, letters were issued on February 6, 2018. As the estate is of an insufficient size to require an estate tax return, the petition for final distribution or a status report was due by February 6, 2018. No petition was filed until December 16, 2019 and no status reports were filed in 2018 or 2019. The petition...

  • Hearing

    Feb 11, 2020

RE: PET’N FOR SETTLEMENT OF FIRST ACCT AND REPORT

...referee’s services and costs of administration have been paid. LR 7.317 6. Verified declaration by petitioner to clarify whether a federal estate tax return Form 706 was filed. ¶18 states a federal estate tax return was filed; however, value of estate is less than amount warranting filing of such return. 7. Verified declaration by petitioner to clarify whether creditor’s claims were filed between 11-20-19...

...and 12-16-19. ¶¶ 16 and 23 state creditor’s claim period ends 12-16-19; however, petition was filed 11-20-19. 8. Proposed Order to state no final discharge will be granted until resolution of estate taxes, e.g. IRS closing letter. KAMI HARTWICK JOSHUA P. GOTTO VICKI FAYTHE THOMAS Need appearances to report status Notes: A. Opposition filed by Donald Haslam 4-8-19. B. Donald Haslam’s Petition to...

  • Hearing

    Feb 11, 2020

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