On June 01, 2016 a
King_Cost_Memo_Final_w_POS_
was filed
involving a dispute between
Dbp Investments,
King Plaza Center, Llc,
and
Does 1 - 10, Inclusive,
King Plaza Center,Llc,
Lai, Thanh,
Lien, Sovan,
Quach, Bua,
Voung, Dong,
for (26) Unlimited Other Real Property
in the District Court of San Mateo County.
Preview
MC-010
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 311395 FOR COURT USE ONLY
NAME: Steven D. McLellan
FIRM NAME: GATES EISENHART DAWSON
STREET ADDRESS: 125 South Market Street, Suite 1200
CITY: San Jose STATE: CA ZIP CODE: 95113
TELEPHONE NO.: (408) 288-8100 FAX NO.: (408) 288-9409
E-MAIL ADDRESS: sdm@gedlaw.com
ATTORNEY FOR (name): King Plaza Center, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
STREET ADDRESS: 400 County Center
MAILING ADDRESS:
CITY AND ZIP CODE: Redwood City, 94063
BRANCH NAME:
PLAINTIFF: DBP Investments
DEFENDANT: King Plaza Center, LLC et al.
CASE NUMBER:
MEMORANDUM OF COSTS (SUMMARY) Lead CIV538897 (consol. 19CIV07118)
The following costs are requested: TOTALS
1. Filing and motion fees $ 555
2. Jury fees $
3. Jury food and lodging $
4. Deposition costs $
5. Service of process $
6. 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. Court reporter fees as established by statute $ 2,550
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 $
TOTAL COSTS $ 3,105
I 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: May 3, 2023
Steven D. McLellan
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
(Proof of service on reverse) Page 1 of 2
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California MC-010 MEMORANDUM OF COSTS (SUMMARY) §§ 1032, 1033.5
[Rev. September 1, 2017]
MC-010
SHORT TITLE CASE NUMBER:
DBP Investments v. King Plaza Center, LLC et al. Lead CIV538897 (consol. 19CIV07118)
PROOF OF MAILING PERSONAL DELIVERY SEE ATTACHED PROOF OF SERVICE
1. At the time of mailing or personal delivery, I was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify):
3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b):
a. Mail. I am a resident of or employed in the county where the mailing occurred.
(1) I enclosed a copy in an envelope AND
(a) deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b) placed the envelope for collection and mailing on the date and at the place shown in items below following
our ordinary business practices. I am readily familiar with this business' practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid.
(2) The envelope was addressed and mailed as follows:
(a) Name of person served:
(b) Address on envelope:
(c) Date of mailing:
(d) Place of mailing (city and state):
b. Personal delivery. I personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:
(3) Date delivered:
(4) Time delivered:
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
Page 2 of 2
MC-010 [Rev.September 1, 2017]
MEMORANDUM OF COSTS (SUMMARY)
MC-011
SHORT TITLE CASE NUMBER:
DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118)
MEMORANDUM OF COSTS (WORKSHEET)
1. Filing and motion fees
Paper filed Filing fee
a. Demurrer as first appearance $ 555
b. $
c. $
d. $
e. $
f. $
g. Information about additional filing and motion fees is contained in Attachment 1g.
TOTAL 1. $
2. Jury fees
Date Fee & mileage
a. $
b. $
c. $
d. $
e. 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 Subtotals
a. $ $ $ $ $
b. $ $ $ $ $
c. $ $ $ $ $
d. $ $ $ $ $
e. Information about additional deposition costs is contained in Attachment 4e.
TOTAL 4. $
(Continued on reverse) Page 1 of 3
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California MC-011 MEMORANDUM OF COSTS (WORKSHEET) §§ 1032, 1033.5
[Rev. September 1, 2017]
MC-011
SHORT TITLE CASE NUMBER:
DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118)
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.
TOTAL 5. $
6. Attachment expenses (specify): 6. $
7. Surety bond premiums (itemize bonds and amounts): 7. $
8. a. Ordinary witness fees
Name of witness Daily fee Mileage Total
(1) days at $/day miles at ¢/mile: $
(2) days at $/day miles at ¢/mile: $
(3) days at $/day miles at ¢/mile: $
(4) days at $/day miles at ¢/mile: $
(5) days at $/day miles at ¢/mile: $
(6) Information about additional ordinary witness fees is contained in Attachment 8a(6).
SUBTOTAL 8a. $
(Continued on next page)
MC-011 [Rev. September 1, 2017]
MEMORANDUM OF COSTS (WORKSHEET) Page 2 of 3
MC-011
SHORT TITLE CASE NUMBER:
DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118)
8. b. Expert fees (per Code of Civil Procedure section 998)
Name of witness Fee
(1) hours at $ /hr $
(2) hours at $ /hr $
(3) hours at $ /hr $
(4) hours at $ /hr $
(5) Information about additional expert fees is contained in Attachment 8b(5).
SUBTOTAL 8b. $
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 8c. $
TOTAL (8a, 8b, & 8c) 8. $
9. Court-ordered transcripts (specify): 9. $
10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court 10. $
determination; otherwise a noticed motion is required):
11. Models, enlargements, and photocopies of exhibits (specify): 11. $
12. Court reporter fees (as established by statute)
a. (Name of reporter): Lisa M. Helgoe Fees: $ 2,550
b. (Name of reporter): Fees: $ TOTAL 12. $ 2,550
c. 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: $
(Name of interpreter): Fees: $
b. Fees for a 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: $
(Name of interpreter): Fees: $ TOTAL 13. $
c. Information about additional court-reporter fees is contained in Attachment 13c.
14. Fees for electronic filing or service of documents through an electronic filing service provider
(enter here if required or ordered by the court): 14. $
15. Fees for hosting electronic documents through an electronic filing service provider (enter here
if required or ordered by the court): 15. $
16. Other (specify): 16. $
TOTAL COSTS $ 3,105
(Additional information may be supplied on the reverse)
MC-011 [Rev. September 1, 2017]
MEMORANDUM OF COSTS (WORKSHEET) Page 3 of 3
1 Case Name: DBP Investments v King Plaza Center, LLC, et al.
2 Court: San Mateo County Superior Court
Case No.: CIV538897
3
PROOF OF SERVICE
4
I am a citizen of the United States and a resident of Santa Clara County. I am over
5
the age of eighteen years and not a party to the within action. My business address is 125
6
South Market Street, Suite 1200, San Jose, California 95113-2288. On May 3, 2023, I
7
served the following documents:
8
9 MEMORANDUM OF COSTS
10
X BY ELECTRONIC MAIL, to the following party(ies) at the electronic mail address(es) as indicated
11 and based on an agreement of the parties to accept service by electronic transmission.
12 Attorney for DBP Investments Attorney for DBP Investments
13 Steven B. Piser John L. Fitzgerald
Law Offices of Steven B. Piser Law Offices of John L. Fitzgerald
14 1970 Broadway, Suite 600 44 Montgomery St., Suite 3580
Oakland, CA 94612 San Francisco, CA 94104
15 E: esperanza@stevenpiser.com E: john@jlfitzgeraldlaw.com
16
Attorney for Bua-Quach, Sovan Lien, Co-Counsel for King Plaza, LLC
17 Dong Vuong, Thanh Lai Janet E. Fogarty
James M. Barrett Janet Fogarty & Associates
18 Law Office of James M. Barrett P.O. Box 1579
100 W. El Camino Real, Suite 81 Millbrae, CA 94030
19
Mountain View, CA 94040 E: jfogartylawfirm@yahoo.com
20 E: jb@jamesbarrettlaw.com
21
I declare under penalty of perjury that the foregoing is true and correct, and that this
22
declaration was executed in San Jose, California on May 3, 2023.
23
24
________________________________
25 Cindy M. Rubi
26
27
28
Proof of Service
1
Preview
MC-010 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 311395 FOR COURT USE ONLY NAME: Steven D. McLellan FIRM NAME: GATES EISENHART DAWSON STREET ADDRESS: 125 South Market Street, Suite 1200 CITY: San Jose STATE: CA ZIP CODE: 95113 TELEPHONE NO.: (408) 288-8100 FAX NO.: (408) 288-9409 E-MAIL ADDRESS: sdm@gedlaw.com ATTORNEY FOR (name): King Plaza Center, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo STREET ADDRESS: 400 County Center MAILING ADDRESS: CITY AND ZIP CODE: Redwood City, 94063 BRANCH NAME: PLAINTIFF: DBP Investments DEFENDANT: King Plaza Center, LLC et al. CASE NUMBER: MEMORANDUM OF COSTS (SUMMARY) Lead CIV538897 (consol. 19CIV07118) The following costs are requested: TOTALS 1. Filing and motion fees $ 555 2. Jury fees $ 3. Jury food and lodging $ 4. Deposition costs $ 5. Service of process $ 6. 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. Court reporter fees as established by statute $ 2,550 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 $ TOTAL COSTS $ 3,105 I 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: May 3, 2023 Steven D. McLellan (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) (Proof of service on reverse) Page 1 of 2 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California MC-010 MEMORANDUM OF COSTS (SUMMARY) §§ 1032, 1033.5 [Rev. September 1, 2017] MC-010 SHORT TITLE CASE NUMBER: DBP Investments v. King Plaza Center, LLC et al. Lead CIV538897 (consol. 19CIV07118) PROOF OF MAILING PERSONAL DELIVERY SEE ATTACHED PROOF OF SERVICE 1. At the time of mailing or personal delivery, I was at least 18 years of age and not a party to this legal action. 2. My residence or business address is (specify): 3. I mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or b): a. Mail. I am a resident of or employed in the county where the mailing occurred. (1) I enclosed a copy in an envelope AND (a) deposited the sealed envelope with the United States Postal Service with the postage fully prepaid. (b) placed the envelope for collection and mailing on the date and at the place shown in items below following our ordinary business practices. I am readily familiar with this business' practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. (2) The envelope was addressed and mailed as follows: (a) Name of person served: (b) Address on envelope: (c) Date of mailing: (d) Place of mailing (city and state): b. Personal delivery. I personally delivered a copy as follows: (1) Name of person served: (2) Address where delivered: (3) Date delivered: (4) Time delivered: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) Page 2 of 2 MC-010 [Rev.September 1, 2017] MEMORANDUM OF COSTS (SUMMARY) MC-011 SHORT TITLE CASE NUMBER: DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118) MEMORANDUM OF COSTS (WORKSHEET) 1. Filing and motion fees Paper filed Filing fee a. Demurrer as first appearance $ 555 b. $ c. $ d. $ e. $ f. $ g. Information about additional filing and motion fees is contained in Attachment 1g. TOTAL 1. $ 2. Jury fees Date Fee & mileage a. $ b. $ c. $ d. $ e. 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 Subtotals a. $ $ $ $ $ b. $ $ $ $ $ c. $ $ $ $ $ d. $ $ $ $ $ e. Information about additional deposition costs is contained in Attachment 4e. TOTAL 4. $ (Continued on reverse) Page 1 of 3 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California MC-011 MEMORANDUM OF COSTS (WORKSHEET) §§ 1032, 1033.5 [Rev. September 1, 2017] MC-011 SHORT TITLE CASE NUMBER: DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118) 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. TOTAL 5. $ 6. Attachment expenses (specify): 6. $ 7. Surety bond premiums (itemize bonds and amounts): 7. $ 8. a. Ordinary witness fees Name of witness Daily fee Mileage Total (1) days at $/day miles at ¢/mile: $ (2) days at $/day miles at ¢/mile: $ (3) days at $/day miles at ¢/mile: $ (4) days at $/day miles at ¢/mile: $ (5) days at $/day miles at ¢/mile: $ (6) Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL 8a. $ (Continued on next page) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page 2 of 3 MC-011 SHORT TITLE CASE NUMBER: DBP Investments v. King Plaza Center, LLC Lead CIV538897 (consol. 19CIV07118) 8. b. Expert fees (per Code of Civil Procedure section 998) Name of witness Fee (1) hours at $ /hr $ (2) hours at $ /hr $ (3) hours at $ /hr $ (4) hours at $ /hr $ (5) Information about additional expert fees is contained in Attachment 8b(5). SUBTOTAL 8b. $ 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 8c. $ TOTAL (8a, 8b, & 8c) 8. $ 9. Court-ordered transcripts (specify): 9. $ 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court 10. $ determination; otherwise a noticed motion is required): 11. Models, enlargements, and photocopies of exhibits (specify): 11. $ 12. Court reporter fees (as established by statute) a. (Name of reporter): Lisa M. Helgoe Fees: $ 2,550 b. (Name of reporter): Fees: $ TOTAL 12. $ 2,550 c. 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: $ (Name of interpreter): Fees: $ b. Fees for a 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: $ (Name of interpreter): Fees: $ TOTAL 13. $ c. Information about additional court-reporter fees is contained in Attachment 13c. 14. Fees for electronic filing or service of documents through an electronic filing service provider (enter here if required or ordered by the court): 14. $ 15. Fees for hosting electronic documents through an electronic filing service provider (enter here if required or ordered by the court): 15. $ 16. Other (specify): 16. $ TOTAL COSTS $ 3,105 (Additional information may be supplied on the reverse) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page 3 of 3 1 Case Name: DBP Investments v King Plaza Center, LLC, et al. 2 Court: San Mateo County Superior Court Case No.: CIV538897 3 PROOF OF SERVICE 4 I am a citizen of the United States and a resident of Santa Clara County. I am over 5 the age of eighteen years and not a party to the within action. My business address is 125 6 South Market Street, Suite 1200, San Jose, California 95113-2288. On May 3, 2023, I 7 served the following documents: 8 9 MEMORANDUM OF COSTS 10 X BY ELECTRONIC MAIL, to the following party(ies) at the electronic mail address(es) as indicated 11 and based on an agreement of the parties to accept service by electronic transmission. 12 Attorney for DBP Investments Attorney for DBP Investments 13 Steven B. Piser John L. Fitzgerald Law Offices of Steven B. Piser Law Offices of John L. Fitzgerald 14 1970 Broadway, Suite 600 44 Montgomery St., Suite 3580 Oakland, CA 94612 San Francisco, CA 94104 15 E: esperanza@stevenpiser.com E: john@jlfitzgeraldlaw.com 16 Attorney for Bua-Quach, Sovan Lien, Co-Counsel for King Plaza, LLC 17 Dong Vuong, Thanh Lai Janet E. Fogarty James M. Barrett Janet Fogarty & Associates 18 Law Office of James M. Barrett P.O. Box 1579 100 W. El Camino Real, Suite 81 Millbrae, CA 94030 19 Mountain View, CA 94040 E: jfogartylawfirm@yahoo.com 20 E: jb@jamesbarrettlaw.com 21 I declare under penalty of perjury that the foregoing is true and correct, and that this 22 declaration was executed in San Jose, California on May 3, 2023. 23 24 ________________________________ 25 Cindy M. Rubi 26 27 28 Proof of Service 1