On August 29, 2016 a
Motion,Ex Parte
was filed
involving a dispute between
Nahas George,
and
Mercedes-Benz Usa Llc,
for civil
in the District Court of Los Angeles County.
Preview
Superior Court D
‘Ounty of L, of California
‘Os Angeles
Superior Court of California
SEP 27 2018
County of Los Angeles Sherrj Artes utive OfficeriClerk
of Court
By.
Department 51 Jessica Clavero + Deputy
GEORGE NAHAS, Case No.: BC631893
Plaintiff, Hearing Date: 9/27/18
v. Trial Date: N/A
MERCEDES-BENZ USA, LLC, |PaCERy
PEE | RULING RE:
Defendant. Defendant’s Motions to Tax Cost
Background
This is a lemon law case. Plaintiff George Nahas brought suit against Defendant
Mercedes Benz USA, LLC for its violation of the Song-Beverly Act and the Magnuson-Moss
Act. On April 13, 2018, Plaintiff filed a Notice of Settlement of Entire Case. On June 21, 2018,
Knight Law Group filed a Memorandum of Costs for $5,728.39. On the same day, O’Connor
Law Group filed a Memorandum of Costs for $5,219.18. On July 6, 2018, Defendant filed these
two motions: (1) Motion to Tax Costs of Knight Law Group; and 2) Motion to Tax Costs of
O’Connor Law Group. On August 1, 2018, Plaintiff filed oppositions. On August 7, 2018,
Defendant filed replies.
Motion to Tax Costs Standard / Burden
“Except as otherwise expressly provided by statute, a prevailing party is entitled as a
matter of right to recover costs in any action or proceeding. This means that the prevailing party
is entitled to all of his costs unless another statute provides otherwise. Absent such statutory
authority, the court has no discretion to deny costs to the prevailing party.” Nelson v. Anderson
(1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code Civ. Proc.,
§ 1032(b). The non-prevailing party may dispute any or all of the items in the prevailing party’s
memorandum of costs by a motion to strike (challenging the entire costs memorandum) or tax
(challenging particular items or amounts) costs. Cal. Rules of Court, rule 3.1700(b).
Verification of the memorandum of costs by the prevailing party’s attorney establishes a prima
facie showing that the claimed costs are proper. Jones v. Dumrichob (1998) 63 Cal.App.4th
1258, 1267. “There is no requirement that copies of bills, invoices, statements, or any other such
documents be attached to the memorandum.” Id. at 1267. The burden is on the party seeking to
tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n
(1993) 19 Cal. App.4th 761, 774-776. On the other hand, items that are properly objected to are
es put in issue, and the burden of proof is on the party claiming them as costs. (Ibid.) Whether an
oe item listed on the cost bill was reasonably necessary is a question of fact for the trial court,
a whose decision is reviewed on appeal for abuse of discretion. Bender v. County of Los Angeles
re
(2013) 217 Cal.App.4th 968, 989.
Be
2
re While the right to recover costs of suit is generally determined by Code of Civil
OE
Procedure section 1032 et seq., some statutes expressly provide methods for determining the
Document Filed Date
September 27, 2018
Case Filing Date
August 29, 2016
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Superior Court D ‘Ounty of L, of California ‘Os Angeles Superior Court of California SEP 27 2018 County of Los Angeles Sherrj Artes utive OfficeriClerk of Court By. Department 51 Jessica Clavero + Deputy GEORGE NAHAS, Case No.: BC631893 Plaintiff, Hearing Date: 9/27/18 v. Trial Date: N/A MERCEDES-BENZ USA, LLC, |PaCERy PEE | RULING RE: Defendant. Defendant’s Motions to Tax Cost Background This is a lemon law case. Plaintiff George Nahas brought suit against Defendant Mercedes Benz USA, LLC for its violation of the Song-Beverly Act and the Magnuson-Moss Act. On April 13, 2018, Plaintiff filed a Notice of Settlement of Entire Case. On June 21, 2018, Knight Law Group filed a Memorandum of Costs for $5,728.39. On the same day, O’Connor Law Group filed a Memorandum of Costs for $5,219.18. On July 6, 2018, Defendant filed these two motions: (1) Motion to Tax Costs of Knight Law Group; and 2) Motion to Tax Costs of O’Connor Law Group. On August 1, 2018, Plaintiff filed oppositions. On August 7, 2018, Defendant filed replies. Motion to Tax Costs Standard / Burden “Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. This means that the prevailing party is entitled to all of his costs unless another statute provides otherwise. Absent such statutory authority, the court has no discretion to deny costs to the prevailing party.” Nelson v. Anderson (1999) 72 Cal.App.4th 111, 128-129 (citations and internal quotations omitted); Code Civ. Proc., § 1032(b). The non-prevailing party may dispute any or all of the items in the prevailing party’s memorandum of costs by a motion to strike (challenging the entire costs memorandum) or tax (challenging particular items or amounts) costs. Cal. Rules of Court, rule 3.1700(b). Verification of the memorandum of costs by the prevailing party’s attorney establishes a prima facie showing that the claimed costs are proper. Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267. “There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum.” Id. at 1267. The burden is on the party seeking to tax costs to show they were not reasonable or necessary. Ladas v. California State Auto. Ass'n (1993) 19 Cal. App.4th 761, 774-776. On the other hand, items that are properly objected to are es put in issue, and the burden of proof is on the party claiming them as costs. (Ibid.) Whether an oe item listed on the cost bill was reasonably necessary is a question of fact for the trial court, a whose decision is reviewed on appeal for abuse of discretion. Bender v. County of Los Angeles re (2013) 217 Cal.App.4th 968, 989. Be 2 re While the right to recover costs of suit is generally determined by Code of Civil OE Procedure section 1032 et seq., some statutes expressly provide methods for determining the