Preview
1 THE VAN VLECK LAW FIRM LLP
Brian F. Van Vleck, State Bar No. 155250
2 Stuart H. Kluft, State Bar No. 315081 ELECTRONICALLY
5757 Wilshire Blvd., Suite 535
3 Los Angeles, California 90036 F I L E D
Superior Court of California,
Telephone: (323) 920-0250 County of San Francisco
4 Facsimile: (323) 920-0249
04/09/2020
Clerk of the Court
5 Attorneys for Plaintiffs BY: DAVID YUEN
Melissa Woods and Aggrieved Employees Deputy Clerk
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN FRANCISCO
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11 MELISSA WOODS, ) CASE NO: CGC 14-537527
)
12 Plaintiff, )
vs. ) PLAINTIFF’S NOTICE OF MOTION
13 ) AND MOTION TO TAX COSTS
CBRE GROUP, INC., and DOES 1 through 100 ) SUBMITTED BY DEFENDANT
14 inclusive, )
)
15 Defendants. ) Date: July 6, 2020
) Time: 9:30 AM
16 ) Dept.: 302
)
17 ) Trial Date: January 27, 2020
)
18 )
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PLAINTIFF’S NOTICE OF MOTION AND
THE VAN VLECK
LAW FIRM, LLP MOTION TO TAX COSTS
1 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on July 6, 2020 at 9:30 AM, or as soon as the court can hear cases
3 after resuming normal operations pursuant the April 1, 2020 General Order RE: Implementation of
4 Emergency Relief Authorized Pursuant to Governor’s March 27, 2020 Executive Order N-38-20
5 and March 30, 2020 Statewide Order by Chair of Judicial Council of the above-entitled Court,
6 located at 400 McAllister Street, San Francisco, CA 94102, Plaintiff Melissa Woods (“Plaintiff”)
7 will, and hereby does, move this Court, pursuant to Rule 3.1700(b) of the California Rules of
8 Court to tax the costs claimed by Defendant CBRE GROUP, INC. (“Defendant” or “CBRE”) on
9 the grounds that Defendant is not entitled to recover the $560.00 in filing and motion fees as costs
10 related to its Motions to Compel Arbitration as those costs are incorporated and a part of the
11 Arbitration costs and are wholly unrelated to the remaining cause of action for a representative
12 Private Attorneys General Act of 2004 (“PAGA”) action left in front of this Court.
13 Based on the foregoing, and as set forth in more detail in the following Memorandum of
14 Points and Authorities, Plaintiff respectfully request that the Court tax Plaintiffs' claimed costs in
15 the amount of $560.00. This Motion is based on this Notice of Motion, the attached Memorandum
16 of Points and Authorities, the pleadings, files, and records in this case, and oral argument and
17 evidence as may be presented at the hearing on this Motion.
18
19 Dated: April 9, 2020
THE VAN VLECK LAW FIRM, LLP
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21
22 By:
Brian F. Van Vleck
23 Stuart H. Kluft
Attorneys for Plaintiff Melissa Woods
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THE VAN VLECK
PLAINTIFF’S NOTICE OF MOTION AND
1
LAW FIRM, LLP
MOTION TO TAX COSTS
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 Pursuant to Defendant CBRE’s own motion, the Court in this action held that all of the
3 claims and issues in the present action – with the sole exception of Plaintiff’s private attorney
4 general PAGA action – were subject to arbitration. This order includes CBRE’s claims for costs
5 related to arbitrable claims. CBRE was not the prevailing party as to these arbitrable claims and, to
6 the extent CBRE seeks to argue to the contrary, it is for the arbitrator to decide. Thus, the costs
7 which are not exclusively related to the non-arbitrable PAGA claim must be stricken.
8 I. INTRODUCTION AND PROCEDURAL POSTURE
9 This action arose as a Plaintiff Melissa Woods (“Plaintiff”) alleged her former employer,
10 CBRE GROUP, INC. (“Defendant”), violated several sections of the California Labor Code, one
11 tort cause of action for conversion, and for violating the California Unfair Competition Law,
12 Business and Professions Code section 17200 et. seq. (Causes of Action 1-6). Plaintiff brought this
13 as a class action. Defendant alleged that Plaintiff and Defendant had an arbitration agreement in
14 place between them and thereby Defendant filed a motion to compel causes of action 1-6 to
15 arbitration on April 11, 2014.
16 On July 1, 2014, Plaintiff filed her First Amended Complaint for Unpaid Wages alleging
17 one additional cause of action, a representative Private Attorney Generals Act of 2004 (“PAGA”)
18 action. PAGA causes of action cannot be waived or compelled to arbitration under the Federal
19 Arbitration Act (“FAA”). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348
20 (waiver of employees’ right to representative action under PAGA violates public policy; the FAA
21 does not preempt state law as to unenforceability of waivers of PAGA.).) On August 22, 2014,
22 Defendant filed an amended motion to compel arbitration.
23 On September 16, 2014, the Court granted Defendant’s motion to compel arbitration,
24 ordering that “Causes of action one through six shall be resolved through individual arbitration.
25 The class claims are dismissed. Litigation of cause of action seven, the PAGA claim, shall be
26 stayed pending the completion of arbitration.”
27 After the resolution of the Arbitration in late 2017, the stay on the PAGA claim was
28 removed and the litigation continued with only the seventh cause of action remaining before the
THE VAN VLECK
PLAINTIFF’S NOTICE OF MOTION AND
2
LAW FIRM, LLP
MOTION TO TAX COSTS
1 Court. On January 27, 2020 a bench trial commenced before the Honorable John K. Stewart in the
2 above-entitled Court. On February 14, 2020, Judge Stewart presided over a second hearing in the
3 bench trial. On March 11, 2020, the Court signed its order ruling in favor of Defendant and ruled
4 that as the prevailing party, Defendant is entitled to costs.
5 On March 25, 2020, Defendant filed its Memorandum of Costs alleging total costs of
6 $1,547.80. Plaintiff now files her motion to tax costs in the amount of $560.00 as those costs are
7 associated with the motions to compel arbitration which are subsumed by the Arbitration and are
8 not reasonably necessary to the conduct of the litigation regarding the remaining representative
9 PAGA cause of action.
10 II. LEGAL STANDARD AND ARGUMENT
11 California Rules of Court, Rule 3.1700(b) provides: Any notice of motion to strike or
12 to tax costs must be served and filed 15 days after the service of the cost memorandum. Defendant
13 served her Memorandum of Costs on March 25, 2020, by electronic service. As such Plaintiff has
14 fifteen (15) days from the service of the Memorandum of Costs in which to file a motion to strike
15 or to tax costs. Accordingly, Plaintiff’s motion is timely filed pursuant to Code of Civil Procedure
16 section 1033.5 and California Rules of Court, Rule 3.1700(b).
17 California Code of Civil Procedure sec. 1032 provides for recovery of costs by a prevailing
18 party. Section 1033.5(a) lists allowable costs and Section 1033.5(b) lists costs that are not
19 allowable. Even where an item is otherwise allowable, a claimed cost may only be recovered where
20 it is both (1) “reasonably necessary to the conduct of the litigation rather than merely convenient or
21 beneficial to its preparation” and (2) “reasonable in amount.” (Cal. Civ. P. Code sec. 1033.5(c)(2)-
22 (3).) The determination of whether a claimed cost is “reasonable” is within the discretion of the
23 trial court. (Ladas v. California State Auto Ass. (1993) 19 Cal.App.4th 761, 774.)
24 Further, where items included in a verified cost bill are properly objected to, they are put at
25 issue and the burden shifts to the party claiming the costs to prove they were reasonable and
26 necessary. (Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624.) In the absence of such a showing,
27 a court has no discretion to award costs not statutorily authorized because the right to costs is
28 governed strictly by statute. (Ladas, supra, 19 Cal.App.4th at 774.)
THE VAN VLECK
PLAINTIFF’S NOTICE OF MOTION AND
3
LAW FIRM, LLP
MOTION TO TAX COSTS
1 Here, Plaintiff objects to the costs associated with arbitration as they are not reasonably
2 necessary to the conduct of the litigation of the seventh cause of action for a representative PAGA
3 action. These costs are not under the jurisdiction of the Court and would otherwise either reverse a
4 holding of the Arbitrator or double-charge these fees to be paid by Plaintiff, depending on who the
5 arbitrator deems a prevailing party as to causes of action one through six. Thus, these costs are
6 exclusively under the jurisdiction of the arbitrator appointed for all issues related to causes of
7 action one through six, including compelling those causes of action to arbitration.
8 Specifically, Plaintiff objects to the $530.00 in costs alleged by Defendants in its
9 Memorandum of Costs (MC-011) section 1.a-c, “Notice of Motion and Motion to Compel
10 Arbitration (4/11/2014)” at $450.00, “Joint Stipulation to Continue MTC Arbitration (5/7/2014)” at
11 $20.00, and “Motion to Compel Arbitration (8/5/2014)” at $60.00, respectively. Plaintiff further
12 objects to section 12.b of the Memorandum of Costs for court reporter fees for the “MTC
13 Arbitration (4/11/2014)” at $30.00.
14 These $560.00 in total costs are under the jurisdiction of the Arbitrator to be awarded only
15 through the arbitration, not this court whose only jurisdiction remains with the seventh cause of
16 action, PAGA.
17 III. CONCLUSION
18 For the foregoing reasons, Plaintiff Melissa Woods respectfully requests the Court Tax
19 $560.00 from the costs alleged by Defendant.
20
21 Dated: April 9, 2020
THE VAN VLECK LAW FIRM, LLP
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23
24 By:
Brian F. Van Vleck
25 Stuart H. Kluft
Attorneys for Plaintiff Melissa Woods
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THE VAN VLECK
PLAINTIFF’S NOTICE OF MOTION AND
4
LAW FIRM, LLP
MOTION TO TAX COSTS
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES.
3 I, the undersigned, declare that I am employed in the aforesaid County, State of California. I am over the
age of 18 and not a party to the within action. My business address is 5757 Wilshire Boulevard, Suite 535, Los
4 Angeles, California 90036. On April 9, 2020, I served upon the interested party(ies) in this action the following
document described as: PLAINTIFF’S OBJECTION TO DEFENDANT’S MOTION IN LIMINE NO. 4
5 THAT DEFENDANT’S REQUESTS FOR ADMISSION ARE DEEMED ADMITTED
6 Barbara J. Miller
Christopher Taylor
7 MORGAN LEWIS
600 Anton Blvd., Ste. 1800
8 Costa Mesa, CA 92626-7653
9 By the following methods:
[BY MAIL] By placing such envelope(s) with postage thereon fully prepaid into the Van Vleck Law
10 Firm, LLP's interoffice mail for collection and mailing pursuant to ordinary business practice. I am
familiar with the office practice of the Van Vleck Law Firm, LLP for collecting and processing mail with
11 the United States Postal Service, which practice is that when mail is deposited with the Van Vleck Law
Firm, LLP personnel responsible for depositing mail with the United States Postal Service, such mail is
12 deposited that same day in a post box, mailbox, sub-post office, substation, mail chute, or other like
facility regularly maintained by the United States Postal Service in Los Angeles, California.
13
X [BY E-MAIL] I hereby certify that this document was served from Los Angeles, California by e-mail
14 delivery on the party(ies) listed herein at their most recent known e-mail address(es) or e-mail
address(es) of record in this action, using One Legal, a court-approved electronic service provider.
15 [BY FACSIMILE] By transmitting a true and correct copy of the document described above by facsimile
machine, number (323) 592-3506, to the person(s) stated above at the facsimile number(s) indicated.
16 The transmission was reported as complete without any error by a transmission report issued by the
facsimile machine upon which the said transmission was made immediately following the transmission.
17
[BY OVERNIGHT COURIER] By placing such sealed envelope(s) into the Norco Delivery Services
18 box located at 6399 Wilshire Boulevard, Los Angeles, CA 90048.
[BY HAND DELIVERY – ACE ATTORNEY SERVICE] I, the undersigned, declare that I am
19 employed in the aforesaid County, State of California. I am over the age of 18 and not a party to the
within action. I caused to be personally delivered a true and correct copy of the document described
20 above in a sealed envelope(s) to the address stated above.
21 X [STATE] I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
22 [FEDERAL] I declare that I am employed in the office of a member of the Bar of or permitted to practice
before this Court at whose direction this service was made.
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Executed on April 9, 2020, 2020, at Los Angeles, California.
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25 Michael Kost
(Type or print name) (Signature)
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THE VAN VLECK
1
LAW FIRM, LLP
Preview
1 THE VAN VLECK LAW FIRM LLP Brian F. Van Vleck, State Bar No. 155250 2 Stuart H. Kluft, State Bar No. 315081 ELECTRONICALLY 5757 Wilshire Blvd., Suite 535 3 Los Angeles, California 90036 F I L E D Superior Court of California, Telephone: (323) 920-0250 County of San Francisco 4 Facsimile: (323) 920-0249 04/09/2020 Clerk of the Court 5 Attorneys for Plaintiffs BY: DAVID YUEN Melissa Woods and Aggrieved Employees Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 11 MELISSA WOODS, ) CASE NO: CGC 14-537527 ) 12 Plaintiff, ) vs. ) PLAINTIFF’S NOTICE OF MOTION 13 ) AND MOTION TO TAX COSTS CBRE GROUP, INC., and DOES 1 through 100 ) SUBMITTED BY DEFENDANT 14 inclusive, ) ) 15 Defendants. ) Date: July 6, 2020 ) Time: 9:30 AM 16 ) Dept.: 302 ) 17 ) Trial Date: January 27, 2020 ) 18 ) 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S NOTICE OF MOTION AND THE VAN VLECK LAW FIRM, LLP MOTION TO TAX COSTS 1 TO ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on July 6, 2020 at 9:30 AM, or as soon as the court can hear cases 3 after resuming normal operations pursuant the April 1, 2020 General Order RE: Implementation of 4 Emergency Relief Authorized Pursuant to Governor’s March 27, 2020 Executive Order N-38-20 5 and March 30, 2020 Statewide Order by Chair of Judicial Council of the above-entitled Court, 6 located at 400 McAllister Street, San Francisco, CA 94102, Plaintiff Melissa Woods (“Plaintiff”) 7 will, and hereby does, move this Court, pursuant to Rule 3.1700(b) of the California Rules of 8 Court to tax the costs claimed by Defendant CBRE GROUP, INC. (“Defendant” or “CBRE”) on 9 the grounds that Defendant is not entitled to recover the $560.00 in filing and motion fees as costs 10 related to its Motions to Compel Arbitration as those costs are incorporated and a part of the 11 Arbitration costs and are wholly unrelated to the remaining cause of action for a representative 12 Private Attorneys General Act of 2004 (“PAGA”) action left in front of this Court. 13 Based on the foregoing, and as set forth in more detail in the following Memorandum of 14 Points and Authorities, Plaintiff respectfully request that the Court tax Plaintiffs' claimed costs in 15 the amount of $560.00. This Motion is based on this Notice of Motion, the attached Memorandum 16 of Points and Authorities, the pleadings, files, and records in this case, and oral argument and 17 evidence as may be presented at the hearing on this Motion. 18 19 Dated: April 9, 2020 THE VAN VLECK LAW FIRM, LLP 20 21 22 By: Brian F. Van Vleck 23 Stuart H. Kluft Attorneys for Plaintiff Melissa Woods 24 25 26 27 28 THE VAN VLECK PLAINTIFF’S NOTICE OF MOTION AND 1 LAW FIRM, LLP MOTION TO TAX COSTS 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 Pursuant to Defendant CBRE’s own motion, the Court in this action held that all of the 3 claims and issues in the present action – with the sole exception of Plaintiff’s private attorney 4 general PAGA action – were subject to arbitration. This order includes CBRE’s claims for costs 5 related to arbitrable claims. CBRE was not the prevailing party as to these arbitrable claims and, to 6 the extent CBRE seeks to argue to the contrary, it is for the arbitrator to decide. Thus, the costs 7 which are not exclusively related to the non-arbitrable PAGA claim must be stricken. 8 I. INTRODUCTION AND PROCEDURAL POSTURE 9 This action arose as a Plaintiff Melissa Woods (“Plaintiff”) alleged her former employer, 10 CBRE GROUP, INC. (“Defendant”), violated several sections of the California Labor Code, one 11 tort cause of action for conversion, and for violating the California Unfair Competition Law, 12 Business and Professions Code section 17200 et. seq. (Causes of Action 1-6). Plaintiff brought this 13 as a class action. Defendant alleged that Plaintiff and Defendant had an arbitration agreement in 14 place between them and thereby Defendant filed a motion to compel causes of action 1-6 to 15 arbitration on April 11, 2014. 16 On July 1, 2014, Plaintiff filed her First Amended Complaint for Unpaid Wages alleging 17 one additional cause of action, a representative Private Attorney Generals Act of 2004 (“PAGA”) 18 action. PAGA causes of action cannot be waived or compelled to arbitration under the Federal 19 Arbitration Act (“FAA”). (Iskanian v. CLS Transportation Los Angeles, LLC (2014) 59 Cal.4th 348 20 (waiver of employees’ right to representative action under PAGA violates public policy; the FAA 21 does not preempt state law as to unenforceability of waivers of PAGA.).) On August 22, 2014, 22 Defendant filed an amended motion to compel arbitration. 23 On September 16, 2014, the Court granted Defendant’s motion to compel arbitration, 24 ordering that “Causes of action one through six shall be resolved through individual arbitration. 25 The class claims are dismissed. Litigation of cause of action seven, the PAGA claim, shall be 26 stayed pending the completion of arbitration.” 27 After the resolution of the Arbitration in late 2017, the stay on the PAGA claim was 28 removed and the litigation continued with only the seventh cause of action remaining before the THE VAN VLECK PLAINTIFF’S NOTICE OF MOTION AND 2 LAW FIRM, LLP MOTION TO TAX COSTS 1 Court. On January 27, 2020 a bench trial commenced before the Honorable John K. Stewart in the 2 above-entitled Court. On February 14, 2020, Judge Stewart presided over a second hearing in the 3 bench trial. On March 11, 2020, the Court signed its order ruling in favor of Defendant and ruled 4 that as the prevailing party, Defendant is entitled to costs. 5 On March 25, 2020, Defendant filed its Memorandum of Costs alleging total costs of 6 $1,547.80. Plaintiff now files her motion to tax costs in the amount of $560.00 as those costs are 7 associated with the motions to compel arbitration which are subsumed by the Arbitration and are 8 not reasonably necessary to the conduct of the litigation regarding the remaining representative 9 PAGA cause of action. 10 II. LEGAL STANDARD AND ARGUMENT 11 California Rules of Court, Rule 3.1700(b) provides: Any notice of motion to strike or 12 to tax costs must be served and filed 15 days after the service of the cost memorandum. Defendant 13 served her Memorandum of Costs on March 25, 2020, by electronic service. As such Plaintiff has 14 fifteen (15) days from the service of the Memorandum of Costs in which to file a motion to strike 15 or to tax costs. Accordingly, Plaintiff’s motion is timely filed pursuant to Code of Civil Procedure 16 section 1033.5 and California Rules of Court, Rule 3.1700(b). 17 California Code of Civil Procedure sec. 1032 provides for recovery of costs by a prevailing 18 party. Section 1033.5(a) lists allowable costs and Section 1033.5(b) lists costs that are not 19 allowable. Even where an item is otherwise allowable, a claimed cost may only be recovered where 20 it is both (1) “reasonably necessary to the conduct of the litigation rather than merely convenient or 21 beneficial to its preparation” and (2) “reasonable in amount.” (Cal. Civ. P. Code sec. 1033.5(c)(2)- 22 (3).) The determination of whether a claimed cost is “reasonable” is within the discretion of the 23 trial court. (Ladas v. California State Auto Ass. (1993) 19 Cal.App.4th 761, 774.) 24 Further, where items included in a verified cost bill are properly objected to, they are put at 25 issue and the burden shifts to the party claiming the costs to prove they were reasonable and 26 necessary. (Melnyk v. Robledo (1976) 64 Cal.App.3d 618, 624.) In the absence of such a showing, 27 a court has no discretion to award costs not statutorily authorized because the right to costs is 28 governed strictly by statute. (Ladas, supra, 19 Cal.App.4th at 774.) THE VAN VLECK PLAINTIFF’S NOTICE OF MOTION AND 3 LAW FIRM, LLP MOTION TO TAX COSTS 1 Here, Plaintiff objects to the costs associated with arbitration as they are not reasonably 2 necessary to the conduct of the litigation of the seventh cause of action for a representative PAGA 3 action. These costs are not under the jurisdiction of the Court and would otherwise either reverse a 4 holding of the Arbitrator or double-charge these fees to be paid by Plaintiff, depending on who the 5 arbitrator deems a prevailing party as to causes of action one through six. Thus, these costs are 6 exclusively under the jurisdiction of the arbitrator appointed for all issues related to causes of 7 action one through six, including compelling those causes of action to arbitration. 8 Specifically, Plaintiff objects to the $530.00 in costs alleged by Defendants in its 9 Memorandum of Costs (MC-011) section 1.a-c, “Notice of Motion and Motion to Compel 10 Arbitration (4/11/2014)” at $450.00, “Joint Stipulation to Continue MTC Arbitration (5/7/2014)” at 11 $20.00, and “Motion to Compel Arbitration (8/5/2014)” at $60.00, respectively. Plaintiff further 12 objects to section 12.b of the Memorandum of Costs for court reporter fees for the “MTC 13 Arbitration (4/11/2014)” at $30.00. 14 These $560.00 in total costs are under the jurisdiction of the Arbitrator to be awarded only 15 through the arbitration, not this court whose only jurisdiction remains with the seventh cause of 16 action, PAGA. 17 III. CONCLUSION 18 For the foregoing reasons, Plaintiff Melissa Woods respectfully requests the Court Tax 19 $560.00 from the costs alleged by Defendant. 20 21 Dated: April 9, 2020 THE VAN VLECK LAW FIRM, LLP 22 23 24 By: Brian F. Van Vleck 25 Stuart H. Kluft Attorneys for Plaintiff Melissa Woods 26 27 28 THE VAN VLECK PLAINTIFF’S NOTICE OF MOTION AND 4 LAW FIRM, LLP MOTION TO TAX COSTS 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES. 3 I, the undersigned, declare that I am employed in the aforesaid County, State of California. I am over the age of 18 and not a party to the within action. My business address is 5757 Wilshire Boulevard, Suite 535, Los 4 Angeles, California 90036. On April 9, 2020, I served upon the interested party(ies) in this action the following document described as: PLAINTIFF’S OBJECTION TO DEFENDANT’S MOTION IN LIMINE NO. 4 5 THAT DEFENDANT’S REQUESTS FOR ADMISSION ARE DEEMED ADMITTED 6 Barbara J. Miller Christopher Taylor 7 MORGAN LEWIS 600 Anton Blvd., Ste. 1800 8 Costa Mesa, CA 92626-7653 9 By the following methods: [BY MAIL] By placing such envelope(s) with postage thereon fully prepaid into the Van Vleck Law 10 Firm, LLP's interoffice mail for collection and mailing pursuant to ordinary business practice. I am familiar with the office practice of the Van Vleck Law Firm, LLP for collecting and processing mail with 11 the United States Postal Service, which practice is that when mail is deposited with the Van Vleck Law Firm, LLP personnel responsible for depositing mail with the United States Postal Service, such mail is 12 deposited that same day in a post box, mailbox, sub-post office, substation, mail chute, or other like facility regularly maintained by the United States Postal Service in Los Angeles, California. 13 X [BY E-MAIL] I hereby certify that this document was served from Los Angeles, California by e-mail 14 delivery on the party(ies) listed herein at their most recent known e-mail address(es) or e-mail address(es) of record in this action, using One Legal, a court-approved electronic service provider. 15 [BY FACSIMILE] By transmitting a true and correct copy of the document described above by facsimile machine, number (323) 592-3506, to the person(s) stated above at the facsimile number(s) indicated. 16 The transmission was reported as complete without any error by a transmission report issued by the facsimile machine upon which the said transmission was made immediately following the transmission. 17 [BY OVERNIGHT COURIER] By placing such sealed envelope(s) into the Norco Delivery Services 18 box located at 6399 Wilshire Boulevard, Los Angeles, CA 90048. [BY HAND DELIVERY – ACE ATTORNEY SERVICE] I, the undersigned, declare that I am 19 employed in the aforesaid County, State of California. I am over the age of 18 and not a party to the within action. I caused to be personally delivered a true and correct copy of the document described 20 above in a sealed envelope(s) to the address stated above. 21 X [STATE] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 22 [FEDERAL] I declare that I am employed in the office of a member of the Bar of or permitted to practice before this Court at whose direction this service was made. 23 Executed on April 9, 2020, 2020, at Los Angeles, California. 24 25 Michael Kost (Type or print name) (Signature) 26 27 28 THE VAN VLECK 1 LAW FIRM, LLP