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Mark L. Venardi (SBN 173140)
Martin Zurada (SBN 218235)
Jamie Retmier (SBN 308060) ELECTRONICALLY
VENARDI ZURADA LLP FILED
25 Orinda Way, Suite 250 Superior Court of California,
Orinda, CA 94563 County of San Francisco
Telephone: (925) 937-3900 11/15/2018
Facsimile: (925) 937-3905 oat of 42 Court
BY: VANESSA WU
Attorneys for Plaintiff Deputy Clerk
RAMESH SHRESTHA aka RAY SHRESTHA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
RAMESH SHRESTHA aka RAY SHRESTHA,| CASE NO.: CGC-16-553387
an individual, DECLARATION OF JAMIE V.
aoe RETMIER IN SUPPORT OF MOTION
Plaintiff, TO STRIKE COSTS
v.
Date: December 18, 2018
HOTEL SUNRISE, INC., a California Dow Cae aa
corporation; HOTEL SUNRISE, LLC, a
California limited liability company; KIRIT
KUMAL PATEL aka KIRIT KUMAR PATEL
aka KIRITKUMAR PATEL aka KEN PATEL,
an individual; SHAKUNTALAL PATEL aka
SHAKUNTIA PATEL aka SHAKUNTLA
PATEL aka SKAKUNTA PATEL aka NINA
PATEL, an individual; and DOES 1-100,
inclusive,
Defendants.
I, Jamie V. Retmier, declare:
1. Tam an attorney with the law firm of Venardi Zurada LLP, counsel of record for
Plaintiff in this action. I make this declaration and the statements herein, based upon personal
knowledge and if called as a witness | could and would testify thereto.
DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS
CASE No. CGC-16-553387) 937-3905
5
2.
Tel: (925) 937-3900
Orinda, CA 94563
25 Orinda Way, Suite 250
Fax: (9:
VENARDI ZURADA, LLP
2. Defendants served Plaintiff with a copy of the memorandum of costs on November
1, 2018. A copy of that memorandum is attached hereto and made part of this declaration as Exhibit
1.
3. The memorandum of costs is improper and should be stricken in its entirety, on the
following grounds: Pursuant to Cal. Rules of Court 3.1700(a)(1) a “memorandum of costs must be
verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the
items of cost are correct and were necessarily incurred in the case." Defendants’ Memorandum of
Costs is not verified by a statement of any party, attorney or agent whatsoever, thus, Defendants’
memorandum of costs must be stricken in its entirety.
4. The claim for costs for the following items is improper, and these items should be
stricken from the memorandum of costs:
1g. — Filing and Motion Fees
A. Answer to First Amended Complaint. At the time of the filing of the First Amended
Complaint on or around September 20, 2016, Plaintiff and his counsel were not aware
that Hotel Sunrise, LLC was a defunct entity and that the claims brought against Hotel
Sunrise, LLC fell outside the statute of limitations. On information and belief,
Defendants knew that Hotel Sunrise, LLC was not a proper Defendant before they filed
their Answer, but failed to meet and confer with Plaintiff's counsel. Had Plaintiffs
counsel been informed that Plaintiff's claims against Hotel Sunrise, LLC were outside
the statute of limitations, Plaintiff would have dismissed Hotel Sunrise, LLC at that
time. Instead, Defendants filed an Answer, and continued to litigate on behalf of the
defunct LLC for nearly two (2) years before they filed a Motion for Summary
Adjudication on July 12, 2018 and raised the issue only then. Plaintiff conceded that
Hotel Sunrise, LLC was not a proper Defendant in his Opposition to the Motion for
Summary Adjudication. Plaintiff should not be ordered to pay the cost of Defendant
Hotel Sunrise, LLC’s Answer to the Second Amended Complaint when it should not
have been filed in the first place and Defendants could have easily avoided this cost
DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS
CASE No. CGC-16-553387VENARDI ZURADA, LLP
) 937-3905
5
Tel: (925) 937-3900
7
Orinda, CA 94563
25 Orinda Way, Suite 250
Fax: (9:
entirely. Plaintiff respectfully requests that the $450 filing fee for Hotel Sunrise, LLC’s
Answer to the First Amended Complaint be stricken.
B. Answer to Amporias Complaint. Plaintiff re-asserts his above statements regarding
Hotel Sunrise, LLC’s Answer to the First Amended Complaint. Defendants knew Hotel
Sunrise LLC was a defunct entity at the time they filed an Answer to the Amporias
Complaint, should have met and conferred with Plaintiff's counsel on this issue, and
avoided incurring this cost. Plaintiff respectfully requests that the $450 filing fee for
Hotel Sunrise, LLC’s Answer to the Amporias Complaint be stricken.
Plaintiff will further request the Court to strike the following items from the memorandum
of costs filed by Hotel Sunrise, LLC and Ketan Patel:
4e. Deposition Costs.
Plaintiff respectfully requests that the Court strike all of the deposition costs requested in
Defendants’ Memorandum of Costs. Each and every one of these depositions was necessary
and relevant for all parties in this case, and for all issues in this litigation. Not one of the
depositions listed in Defendants’ Memorandum of Costs was specific to Hotel Sunrise, LLC
or Ketan Patel. None of these depositions are for a Person Most Knowledgeable for Hotel
Sunrise, LLC, and the only deponent who was asked questions related to Hotel Sunrise,
LLC was Ken Patel, and his deposition would have been taken, and Defendants would have
incurred this cost, regardless of Hotel Sunrise, LLC or Ketan Patel being named Defendants
at the time. While Ketal Patel has now been dismissed as a Defendant in this action, he was
still a percipient witness at the time of his deposition and was deposed as such. Each and
every one of the depositions taken in this litigation, and listed in Defendants’ Memorandum
of Costs, were necessary and relevant to the entirety of the case and these costs should not
be allocated per Defendant. Plaintiff respectfully requests that the deposition fees requested
for Hotel Sunrise, LLC and Ketan Patel be stricken.
8b(5) — Expert Fees
For the same reasons stated above regarding deposition costs, Plaintiff respectfully requests
that the Court strike all of the expert fees requested in Defendants’ Memorandum of Costs.
DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS
CASE No. CGC-16-553387VENARDI ZURADA, LLP
) 937-3905
5
Tel: (925) 937-3900
7
Orinda, CA 94563
25 Orinda Way, Suite 250
Fax: (9:
None of these experts were specifically designated for Hotel Sunrise, LLC or Ketan Patel.
Each and every expert listed in Defendants’ Memorandum was necessary for the litigation
of this case, regardless of whether Hotel Sunrise, LLC or Ketal Patel was a named
defendant, and not one of these experts testified specifically about Hotel Sunrise, LLC or
Ketal Patel only.
Additionally, fees of experts not ordered by the Court are not allowable as costs pursuant to
CCP § 1033.5(b), and none of these experts was ordered by the Court. For these reasons,
Plaintiff respectfully requests that the expert fees requested for Hotel Sunrise, LLC and
Ketan Patel be stricken.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this declaration was executed on November 15, 2018, at Orinda,
California.
Jamie V. Retmier
DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS
CASE No. CGC-16-553387EXHIBIT 1MC-010
‘ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NUMBER: FOR COURT USE ONLY
neve: Luanne Rutherford 153336
Fiamnave: McNamara Law Firm
strceraopress: 3480 Buskirk Ave., Ste 250
omy: Pleasant Hill stare: CA. zip cone: 94523
TeePHone no: 925-939-5330 raxno: 925-939-0203
E-MAIL ADDRESS
ATTORNEY FOR (name); Defendants
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aooress: 400 McAllister St.
MAILING ADDRESS:
cyano zipcoos: San Francisco, CA 94102
BRANCH NAME:
PLAINTIFF: Ramesh Shrestha
DEFENDANT:Hotel Sunrise, Inc., et al.
MEMORANDUM OF COSTS (SUMMARY) COC. 1 6-553387
The following costs are requested: TOTALS
2,072
1. Filing and motion fees
Jury fees
Jury food and lodging
Deposition costs 7,753
Service of process 160
Attachment expenses
Surety bond premiums
Witness fees 5,164
aeRAR AH HF GF
Court-ordered transcripts
SS PNOZA DH
. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court
determination; otherwise a noticed motion is required) Per Motion
24
. Court reporter fees as established by statute
Bb
. Models, enlargements, and photocopies of exhibits
o
. Interpreter fees
BR
. Fees for electronic filing or service
122
a
. Fees for hosting electronic documents
. Other
eRe FH
a
TOTAL COSTS $ 15,295
lam 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: 11/1/2018
Luanne Rutherford. MA LL MA ple AALS
(TYPE On PRINT NAME) (Sienarune oF-SE6LaRANT)
(Proof of service on reverse) Page 1 of 2
Form Approved for Optional Use MEMORANDUM OF COSTS (SUMMARY) Gode of Givil Procedure,
Jugieal Gounel of Cahora 6 1082, 1033 8
MC-010 [Rev. September 1, 2017]
CEB Essential
'2\Forms"
LRMC-011
‘SHORT TITLE CASE NUMBER:
Shrestha v. Hotel Sunrise CGC-16-553387
MEMORANDUM OF COSTS (WORKSHEET)
1. Filing and motion fees
Paper filed Filing fee
a. lec Attachment 1g $ 2,072
b $
c. $
d $
e. $
f. $
g. [EX] Information about additional filing and motion fees is contained in Attachment 1g.
2. Jury fees TOTAL 1. |$ 2,072
on ef #
e. [2] Information about additional jury fees is contained in Attachment 2e.
TOTAL 2
3. (2) Juror food: $ and lodging: $ TOTAL 3. |$ 0
4. [&] Deposition costs
Name of deponent Taking Transcribing Travel Videotaping Subtotals
a. See Attmt de $. 1,753 $ $. $ $ 71,753
b. $ $ $ $ $ 0.
c. $ $ $ $ $ 0
d. $ $ $. $ $ 0
e. [&] Information about additional deposition costs is contained in Attachment 4e.
TOTAL 4. |$ 7,753
(Continued on reverse) Page ____ of ____
MEMORANDUM OF COSTS (WORKSHEET) oe of Gul Prone
1082, 1033.5
LR
Form Approved fr Ontonal Use a
sugeial Gourcl of Gattorte._ (OE[3"| Essential
NCSI Rev Seplomber 2017) CED | poteMC-011
SHORT TITLE. CASE NUMBER:
Shrestha v. Hotel Sunrise CGC-16-553387
5. Service of process
Registered
Name of person served Public officer process Publication her if
a. Pastreichig4n0 x 4) $ $ $ $ 160
$ $ $ $
c. $ &. $ $
d. — [C) Information about additional costs for service of process is contained in Attachment 5d.
TOTAL 5. |$ 160
6. Attachment expenses (specify): 6. bs Ss
7. Surety bond premiums (itemize bonds and amounts): 7. poe
8. a. Ordinary witness fees
Name of witness Daily fee Mileage Total
(1) days at. $/day. miles at ¢/mile: $ 0
(2) days at. $/day. miles at ¢/mile: $ 0
(3) days at. $/day. miles at ¢/mile: $ 0
(4) days at. $/day. miles at ¢/mile: $ 0
(6) days at. $/day. miles at ¢/mile: $ 0
(6) CQ Information about additional ordinary witness fees is contained in Attachment 8b(6).
SUBTOTAL a
(Continued on next page)
MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page______ of
‘ER’ | Essential
CEB Eiforms LRMC-011
SHORT TITLE
Shrestha v. Hotel Sunrise
CASE NUMBER:
CGC-16 -553387
8. b. Expert fees (per Code of Civil Procedure section 998)
Name of witness Fee
(1) See Attachment gh(5) 1 hours at $ 5,164 /nr $ 5,164
(2) hours at $ Jor $ 0
(3) hours at $ Jar $ 0
(4) hours at $ Jar $ 0
(5) Information about additional expert fees is contained in Attachment 8b(5).
c. Court-ordered expert fees eee
Name of witness Fee
(1) hours at $ Jar $ 0
(2) hours at $ Jnr $ 0
(3) (2) Information about additional court-ordered expert fees is contained in Attachment 8c(3).
SUBTOTAL 8c. |$ 0
TOTAL (8a, 8b, & 8c) 8. |$ 5,164
9. Court-ordered transcripts (specify): 9. |$
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. Models, enlargements, and photocopies of exhibits (specify):
12. Court reporter fees (as established by statute)
a. (Name of reporter): Fees: $ 24
b. (Name of reporter): Fees: $
c. w 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: $
c. [Q) 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):
15. Fees for hosting electronic documents through an electronic filing service provider (enter here
if required or ordered by the court):
TOTAL 12.
16. Other (specify):
10.
24
A)
TOTAL 13.
14, 122
16.
TOTAL COSTS
16
(Additional information may be supplied on the reverse)
‘Mc-011 [Rev. September 1, 2017) MEMORANDUM OF COSTS (WORKSHEET)
SEE | fsorms IR
Page __ of1g. FILING AND MOTION FEES
Paper Filed Filing Fee | 40% Allocation
Answer to First Amended Complaint - Hotel Sunrise LLC | $2250 $900.00
Answer to Second Amended Complaint $30 $12.00
Notice of Association of Attorneys - LO of Lori Feldman | $15 $6.00
Notice of Association of Attorneys - McNamara Law Firm | $15 $6.00
Motion to Continue Trial - Filing Fee $60 $24.00
Answer to Amporias Complaint $2250.00 | $900.00
Mtn to Consolidate $60 $24.00
Mtn for Summary Adjudication $500.00 $200.00
TOTAL $2072.00
4e. DEPOSITION COSTS - Each Prevailing Defendant is seeking 1/5 of the cost of each
item (total of 40%)
Deponent Taking | Transcribing | Travel | Video- SubTotal | 40%
taping Allocation
Katherine Amporias $1685.13 $4678.50 | $2363.63 $945.45
(1/8//18)
Katherine Amporias $2084.36 $696.00 | $2780.36 | $1112.14
(2/20/18)
Ramesh Shrestha $1780.71 $696.00 | $2776.71 $990.68
(3/12/18)
Mark Watts (4/30/18) $848.51 $848.51 $339.40
Claudio Bluer (3/6/18) $1360.36 $1360.36 $544.14
Henry Karnilowicz $1868.10 $1868.10 $747.24
(3/23/18)
Carol Hyland $1243.19 $1243.19 $497.28
(3/29/18)
Mark Watts (4/5/18) $452.40 $180.96
Ken Patel (2/16/17) $929.58 $250 | $1179.58 $471.83Ramesh Shrestha $1346.60 $1346.60 $538.64
(11/1/17)
Shakuntalal Patel $140.00 $140.00 $56.00
Ketan Patel (10/9/17) $391.50 $391.50 $391.50
Josh Pastreich, OLSE $627.71 $627.71 $251.08
(6/1/18)
Jan Duffy (3/28/18) $1716.92 $1716.92 $686.77
TOTAL $7753.11
8b(5) Expert Fees - Each Prevailing Defendant is seeking 1/5 of the cost of each item (total
of 40%)
Name of Witness Fee 40% Allocation
Claudio Bluer $1425.00 $570.00
Henry Karnilowicz $1976.33 $790.53
Jan Duffy $2887.50 $1155.00
Carol Hyland $1512.50 $605.00
Mark Watts $1312.50 $525.00
Richard Norman $3221.48 $1288.59
Occidental Express - Henry Karnilowicz $575.00 $230.00
TOTAL $5164.12
Court Reporter Fees - 40% for Prevailing parties
Hearing Fee 40% Allocation
Mtn to Consolidate - Ct Reporter Fee on Hearing $30.00 $12.00
Mtn for Summary Adjudication - Ct Reporter Fee for Hrg | $30.00 $12.00
TOTAL $24.0014. Fees for Electronic Filing or Service - 40% for Prevailing Parties
Electronic Service Fee 40% Allocation
Motion to Continue Trial - electronic service $15 $6.00
Notice of Entry of Order Continuing Trial - electronic fee | $15 $6.00
Opp. to Mtn to File Second Amended Complaint - | $15 $6.00
electronic fee
Answer to Second Amended Complaint - electronic fee $30 $12.00
Lexis File & Serve fee $15 $6.00
Answer to Amporias Complaint - electronic fee $15 $6.00
Mtn to Consolidate - electronic fees $98.50 $39.40
Mtn for Summary Adjudication - electronic fees $102.10 $40.84
TOTAL $122.24McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
3480 BUSKIRK AVENUE, SUITE 2
PLEASANT HILL, CA 94523
(925) 939-5330
TELEPHONE:
CERTIFICATE OF E-SERVICE VIA FILE & SERVEXPRESS
Shrestha v. Hotel Sunrise, Inc.
San Francisco County Superior Court, Case No. CGC-16-553387
Thereby declare that I am a citizen of the United States, am over the age of eighteen years,
and not a party to the within action. My electronic notification address is:
laura.selling@menamaralaw.com.
On this date, I electronically served the foregoing document MEMORANDUM OF
COSTS as required by the Court’s Order Authorizing Electronic Service in this matter, and as
performed by File & ServeXpress on the parties in this action, addressed as follows:
SEE SERVICE LIST PROVIDED BY FILE & SERVEXPRESS
The transmission was reported as complete and without error. A copy of the File &
ServeXpress filing receipt will be maintained with the document in our file.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on November 1, 2018 at
Pleasant Hill, California.
Cura AG.
Laura SellingVENARDI ZURADA LLP.
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PROOF OF SERVICE
Shrestha v. Hotel Sunrise, Inc. et al.
Case Number: CGC-16-553387
I, the undersigned, hereby declare that I am over the age of 18 years and not a party to the
above-captioned action; that my business address is Venardi Zurada LLP 25 Orinda Way, Suite
250, Orinda, CA 94563.
On November 15, 2018 the following document(s) was served:
e PLAINTIFF’S NOTICE OF AND MOTION TO STRIKE COSTS
¢ DECLARATION OF ATTORNEY JAMIE V. RETMIER IN SUPPORT OF
PLAINTIFF’S MOTION TO STRIKE COSTS
on the parties to this action at the following address(es):
Gilbert J. Tsai, Esq. Luanne Rutherford
Ashley A. Baltazar, Esq. McNamara, Ney, Beatty, Slattery,
HANSON BRIDGETT LLP Borges & Ambacher LLP
425 Market Street, 26" Floor 3480 Buskirk Avenue, Suite 250
San Francisco, CA 94105 Pleasant Hill, CA 94523
gtsai@hansonbridgett.com Luanne.rutherford@menamaralaw.com
Lori B. Feldman, Esq.
Law Offices of Lori B. Feldman
175 North Redwood Drive, Suite 150
San Rafael, CA 94903
Ibfeldmanlaw@gmail.com
BY ELECTRONIC SERVICE: | electronically served the document(s) described above
via File & ServeXpress, on the recipients designated on the Transaction Receipt located on the
File & ServeXpress website (https://secure.fileandservexpress.com) pursuant to the Court Order
27 establishing the case website and authorizing service of documentse.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on November 15, 2018 at Walnut Creek, California.
C
Jamie Retmier
Proof of Service — Shrestha v. Hotel Sunrise, et al.
Preview
VENARDI ZURADA, LLP & ex 2 £855 ATS Aanke <2 BRS BEA EUGS 283 EEay z i o°FE 4 a Mark L. Venardi (SBN 173140) Martin Zurada (SBN 218235) Jamie Retmier (SBN 308060) ELECTRONICALLY VENARDI ZURADA LLP FILED 25 Orinda Way, Suite 250 Superior Court of California, Orinda, CA 94563 County of San Francisco Telephone: (925) 937-3900 11/15/2018 Facsimile: (925) 937-3905 oat of 42 Court BY: VANESSA WU Attorneys for Plaintiff Deputy Clerk RAMESH SHRESTHA aka RAY SHRESTHA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO RAMESH SHRESTHA aka RAY SHRESTHA,| CASE NO.: CGC-16-553387 an individual, DECLARATION OF JAMIE V. aoe RETMIER IN SUPPORT OF MOTION Plaintiff, TO STRIKE COSTS v. Date: December 18, 2018 HOTEL SUNRISE, INC., a California Dow Cae aa corporation; HOTEL SUNRISE, LLC, a California limited liability company; KIRIT KUMAL PATEL aka KIRIT KUMAR PATEL aka KIRITKUMAR PATEL aka KEN PATEL, an individual; SHAKUNTALAL PATEL aka SHAKUNTIA PATEL aka SHAKUNTLA PATEL aka SKAKUNTA PATEL aka NINA PATEL, an individual; and DOES 1-100, inclusive, Defendants. I, Jamie V. Retmier, declare: 1. Tam an attorney with the law firm of Venardi Zurada LLP, counsel of record for Plaintiff in this action. I make this declaration and the statements herein, based upon personal knowledge and if called as a witness | could and would testify thereto. DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS CASE No. CGC-16-553387) 937-3905 5 2. Tel: (925) 937-3900 Orinda, CA 94563 25 Orinda Way, Suite 250 Fax: (9: VENARDI ZURADA, LLP 2. Defendants served Plaintiff with a copy of the memorandum of costs on November 1, 2018. A copy of that memorandum is attached hereto and made part of this declaration as Exhibit 1. 3. The memorandum of costs is improper and should be stricken in its entirety, on the following grounds: Pursuant to Cal. Rules of Court 3.1700(a)(1) a “memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case." Defendants’ Memorandum of Costs is not verified by a statement of any party, attorney or agent whatsoever, thus, Defendants’ memorandum of costs must be stricken in its entirety. 4. The claim for costs for the following items is improper, and these items should be stricken from the memorandum of costs: 1g. — Filing and Motion Fees A. Answer to First Amended Complaint. At the time of the filing of the First Amended Complaint on or around September 20, 2016, Plaintiff and his counsel were not aware that Hotel Sunrise, LLC was a defunct entity and that the claims brought against Hotel Sunrise, LLC fell outside the statute of limitations. On information and belief, Defendants knew that Hotel Sunrise, LLC was not a proper Defendant before they filed their Answer, but failed to meet and confer with Plaintiff's counsel. Had Plaintiffs counsel been informed that Plaintiff's claims against Hotel Sunrise, LLC were outside the statute of limitations, Plaintiff would have dismissed Hotel Sunrise, LLC at that time. Instead, Defendants filed an Answer, and continued to litigate on behalf of the defunct LLC for nearly two (2) years before they filed a Motion for Summary Adjudication on July 12, 2018 and raised the issue only then. Plaintiff conceded that Hotel Sunrise, LLC was not a proper Defendant in his Opposition to the Motion for Summary Adjudication. Plaintiff should not be ordered to pay the cost of Defendant Hotel Sunrise, LLC’s Answer to the Second Amended Complaint when it should not have been filed in the first place and Defendants could have easily avoided this cost DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS CASE No. CGC-16-553387VENARDI ZURADA, LLP ) 937-3905 5 Tel: (925) 937-3900 7 Orinda, CA 94563 25 Orinda Way, Suite 250 Fax: (9: entirely. Plaintiff respectfully requests that the $450 filing fee for Hotel Sunrise, LLC’s Answer to the First Amended Complaint be stricken. B. Answer to Amporias Complaint. Plaintiff re-asserts his above statements regarding Hotel Sunrise, LLC’s Answer to the First Amended Complaint. Defendants knew Hotel Sunrise LLC was a defunct entity at the time they filed an Answer to the Amporias Complaint, should have met and conferred with Plaintiff's counsel on this issue, and avoided incurring this cost. Plaintiff respectfully requests that the $450 filing fee for Hotel Sunrise, LLC’s Answer to the Amporias Complaint be stricken. Plaintiff will further request the Court to strike the following items from the memorandum of costs filed by Hotel Sunrise, LLC and Ketan Patel: 4e. Deposition Costs. Plaintiff respectfully requests that the Court strike all of the deposition costs requested in Defendants’ Memorandum of Costs. Each and every one of these depositions was necessary and relevant for all parties in this case, and for all issues in this litigation. Not one of the depositions listed in Defendants’ Memorandum of Costs was specific to Hotel Sunrise, LLC or Ketan Patel. None of these depositions are for a Person Most Knowledgeable for Hotel Sunrise, LLC, and the only deponent who was asked questions related to Hotel Sunrise, LLC was Ken Patel, and his deposition would have been taken, and Defendants would have incurred this cost, regardless of Hotel Sunrise, LLC or Ketan Patel being named Defendants at the time. While Ketal Patel has now been dismissed as a Defendant in this action, he was still a percipient witness at the time of his deposition and was deposed as such. Each and every one of the depositions taken in this litigation, and listed in Defendants’ Memorandum of Costs, were necessary and relevant to the entirety of the case and these costs should not be allocated per Defendant. Plaintiff respectfully requests that the deposition fees requested for Hotel Sunrise, LLC and Ketan Patel be stricken. 8b(5) — Expert Fees For the same reasons stated above regarding deposition costs, Plaintiff respectfully requests that the Court strike all of the expert fees requested in Defendants’ Memorandum of Costs. DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS CASE No. CGC-16-553387VENARDI ZURADA, LLP ) 937-3905 5 Tel: (925) 937-3900 7 Orinda, CA 94563 25 Orinda Way, Suite 250 Fax: (9: None of these experts were specifically designated for Hotel Sunrise, LLC or Ketan Patel. Each and every expert listed in Defendants’ Memorandum was necessary for the litigation of this case, regardless of whether Hotel Sunrise, LLC or Ketal Patel was a named defendant, and not one of these experts testified specifically about Hotel Sunrise, LLC or Ketal Patel only. Additionally, fees of experts not ordered by the Court are not allowable as costs pursuant to CCP § 1033.5(b), and none of these experts was ordered by the Court. For these reasons, Plaintiff respectfully requests that the expert fees requested for Hotel Sunrise, LLC and Ketan Patel be stricken. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on November 15, 2018, at Orinda, California. Jamie V. Retmier DECLARATION OF JAMIE V. RETMIER IN SUPPORT OF MOTION TO STRIKE COSTS CASE No. CGC-16-553387EXHIBIT 1MC-010 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NUMBER: FOR COURT USE ONLY neve: Luanne Rutherford 153336 Fiamnave: McNamara Law Firm strceraopress: 3480 Buskirk Ave., Ste 250 omy: Pleasant Hill stare: CA. zip cone: 94523 TeePHone no: 925-939-5330 raxno: 925-939-0203 E-MAIL ADDRESS ATTORNEY FOR (name); Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aooress: 400 McAllister St. MAILING ADDRESS: cyano zipcoos: San Francisco, CA 94102 BRANCH NAME: PLAINTIFF: Ramesh Shrestha DEFENDANT:Hotel Sunrise, Inc., et al. MEMORANDUM OF COSTS (SUMMARY) COC. 1 6-553387 The following costs are requested: TOTALS 2,072 1. Filing and motion fees Jury fees Jury food and lodging Deposition costs 7,753 Service of process 160 Attachment expenses Surety bond premiums Witness fees 5,164 aeRAR AH HF GF Court-ordered transcripts SS PNOZA DH . Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otherwise a noticed motion is required) Per Motion 24 . Court reporter fees as established by statute Bb . Models, enlargements, and photocopies of exhibits o . Interpreter fees BR . Fees for electronic filing or service 122 a . Fees for hosting electronic documents . Other eRe FH a TOTAL COSTS $ 15,295 lam 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: 11/1/2018 Luanne Rutherford. MA LL MA ple AALS (TYPE On PRINT NAME) (Sienarune oF-SE6LaRANT) (Proof of service on reverse) Page 1 of 2 Form Approved for Optional Use MEMORANDUM OF COSTS (SUMMARY) Gode of Givil Procedure, Jugieal Gounel of Cahora 6 1082, 1033 8 MC-010 [Rev. September 1, 2017] CEB Essential '2\Forms" LRMC-011 ‘SHORT TITLE CASE NUMBER: Shrestha v. Hotel Sunrise CGC-16-553387 MEMORANDUM OF COSTS (WORKSHEET) 1. Filing and motion fees Paper filed Filing fee a. lec Attachment 1g $ 2,072 b $ c. $ d $ e. $ f. $ g. [EX] Information about additional filing and motion fees is contained in Attachment 1g. 2. Jury fees TOTAL 1. |$ 2,072 on ef # e. [2] Information about additional jury fees is contained in Attachment 2e. TOTAL 2 3. (2) Juror food: $ and lodging: $ TOTAL 3. |$ 0 4. [&] Deposition costs Name of deponent Taking Transcribing Travel Videotaping Subtotals a. See Attmt de $. 1,753 $ $. $ $ 71,753 b. $ $ $ $ $ 0. c. $ $ $ $ $ 0 d. $ $ $. $ $ 0 e. [&] Information about additional deposition costs is contained in Attachment 4e. TOTAL 4. |$ 7,753 (Continued on reverse) Page ____ of ____ MEMORANDUM OF COSTS (WORKSHEET) oe of Gul Prone 1082, 1033.5 LR Form Approved fr Ontonal Use a sugeial Gourcl of Gattorte._ (OE[3"| Essential NCSI Rev Seplomber 2017) CED | poteMC-011 SHORT TITLE. CASE NUMBER: Shrestha v. Hotel Sunrise CGC-16-553387 5. Service of process Registered Name of person served Public officer process Publication her if a. Pastreichig4n0 x 4) $ $ $ $ 160 $ $ $ $ c. $ &. $ $ d. — [C) Information about additional costs for service of process is contained in Attachment 5d. TOTAL 5. |$ 160 6. Attachment expenses (specify): 6. bs Ss 7. Surety bond premiums (itemize bonds and amounts): 7. poe 8. a. Ordinary witness fees Name of witness Daily fee Mileage Total (1) days at. $/day. miles at ¢/mile: $ 0 (2) days at. $/day. miles at ¢/mile: $ 0 (3) days at. $/day. miles at ¢/mile: $ 0 (4) days at. $/day. miles at ¢/mile: $ 0 (6) days at. $/day. miles at ¢/mile: $ 0 (6) CQ Information about additional ordinary witness fees is contained in Attachment 8b(6). SUBTOTAL a (Continued on next page) MC-011 [Rev. September 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) Page______ of ‘ER’ | Essential CEB Eiforms LRMC-011 SHORT TITLE Shrestha v. Hotel Sunrise CASE NUMBER: CGC-16 -553387 8. b. Expert fees (per Code of Civil Procedure section 998) Name of witness Fee (1) See Attachment gh(5) 1 hours at $ 5,164 /nr $ 5,164 (2) hours at $ Jor $ 0 (3) hours at $ Jar $ 0 (4) hours at $ Jar $ 0 (5) Information about additional expert fees is contained in Attachment 8b(5). c. Court-ordered expert fees eee Name of witness Fee (1) hours at $ Jar $ 0 (2) hours at $ Jnr $ 0 (3) (2) Information about additional court-ordered expert fees is contained in Attachment 8c(3). SUBTOTAL 8c. |$ 0 TOTAL (8a, 8b, & 8c) 8. |$ 5,164 9. Court-ordered transcripts (specify): 9. |$ 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. Models, enlargements, and photocopies of exhibits (specify): 12. Court reporter fees (as established by statute) a. (Name of reporter): Fees: $ 24 b. (Name of reporter): Fees: $ c. w 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: $ c. [Q) 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): 15. Fees for hosting electronic documents through an electronic filing service provider (enter here if required or ordered by the court): TOTAL 12. 16. Other (specify): 10. 24 A) TOTAL 13. 14, 122 16. TOTAL COSTS 16 (Additional information may be supplied on the reverse) ‘Mc-011 [Rev. September 1, 2017) MEMORANDUM OF COSTS (WORKSHEET) SEE | fsorms IR Page __ of1g. FILING AND MOTION FEES Paper Filed Filing Fee | 40% Allocation Answer to First Amended Complaint - Hotel Sunrise LLC | $2250 $900.00 Answer to Second Amended Complaint $30 $12.00 Notice of Association of Attorneys - LO of Lori Feldman | $15 $6.00 Notice of Association of Attorneys - McNamara Law Firm | $15 $6.00 Motion to Continue Trial - Filing Fee $60 $24.00 Answer to Amporias Complaint $2250.00 | $900.00 Mtn to Consolidate $60 $24.00 Mtn for Summary Adjudication $500.00 $200.00 TOTAL $2072.00 4e. DEPOSITION COSTS - Each Prevailing Defendant is seeking 1/5 of the cost of each item (total of 40%) Deponent Taking | Transcribing | Travel | Video- SubTotal | 40% taping Allocation Katherine Amporias $1685.13 $4678.50 | $2363.63 $945.45 (1/8//18) Katherine Amporias $2084.36 $696.00 | $2780.36 | $1112.14 (2/20/18) Ramesh Shrestha $1780.71 $696.00 | $2776.71 $990.68 (3/12/18) Mark Watts (4/30/18) $848.51 $848.51 $339.40 Claudio Bluer (3/6/18) $1360.36 $1360.36 $544.14 Henry Karnilowicz $1868.10 $1868.10 $747.24 (3/23/18) Carol Hyland $1243.19 $1243.19 $497.28 (3/29/18) Mark Watts (4/5/18) $452.40 $180.96 Ken Patel (2/16/17) $929.58 $250 | $1179.58 $471.83Ramesh Shrestha $1346.60 $1346.60 $538.64 (11/1/17) Shakuntalal Patel $140.00 $140.00 $56.00 Ketan Patel (10/9/17) $391.50 $391.50 $391.50 Josh Pastreich, OLSE $627.71 $627.71 $251.08 (6/1/18) Jan Duffy (3/28/18) $1716.92 $1716.92 $686.77 TOTAL $7753.11 8b(5) Expert Fees - Each Prevailing Defendant is seeking 1/5 of the cost of each item (total of 40%) Name of Witness Fee 40% Allocation Claudio Bluer $1425.00 $570.00 Henry Karnilowicz $1976.33 $790.53 Jan Duffy $2887.50 $1155.00 Carol Hyland $1512.50 $605.00 Mark Watts $1312.50 $525.00 Richard Norman $3221.48 $1288.59 Occidental Express - Henry Karnilowicz $575.00 $230.00 TOTAL $5164.12 Court Reporter Fees - 40% for Prevailing parties Hearing Fee 40% Allocation Mtn to Consolidate - Ct Reporter Fee on Hearing $30.00 $12.00 Mtn for Summary Adjudication - Ct Reporter Fee for Hrg | $30.00 $12.00 TOTAL $24.0014. Fees for Electronic Filing or Service - 40% for Prevailing Parties Electronic Service Fee 40% Allocation Motion to Continue Trial - electronic service $15 $6.00 Notice of Entry of Order Continuing Trial - electronic fee | $15 $6.00 Opp. to Mtn to File Second Amended Complaint - | $15 $6.00 electronic fee Answer to Second Amended Complaint - electronic fee $30 $12.00 Lexis File & Serve fee $15 $6.00 Answer to Amporias Complaint - electronic fee $15 $6.00 Mtn to Consolidate - electronic fees $98.50 $39.40 Mtn for Summary Adjudication - electronic fees $102.10 $40.84 TOTAL $122.24McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 3480 BUSKIRK AVENUE, SUITE 2 PLEASANT HILL, CA 94523 (925) 939-5330 TELEPHONE: CERTIFICATE OF E-SERVICE VIA FILE & SERVEXPRESS Shrestha v. Hotel Sunrise, Inc. San Francisco County Superior Court, Case No. CGC-16-553387 Thereby declare that I am a citizen of the United States, am over the age of eighteen years, and not a party to the within action. My electronic notification address is: laura.selling@menamaralaw.com. On this date, I electronically served the foregoing document MEMORANDUM OF COSTS as required by the Court’s Order Authorizing Electronic Service in this matter, and as performed by File & ServeXpress on the parties in this action, addressed as follows: SEE SERVICE LIST PROVIDED BY FILE & SERVEXPRESS The transmission was reported as complete and without error. A copy of the File & ServeXpress filing receipt will be maintained with the document in our file. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on November 1, 2018 at Pleasant Hill, California. Cura AG. Laura SellingVENARDI ZURADA LLP. 2 a e228 BSS 5162 as: aS BAB SUN eas 23s gee Sos BES 6°08 12 a 1 2 3 4 5 6 PROOF OF SERVICE Shrestha v. Hotel Sunrise, Inc. et al. Case Number: CGC-16-553387 I, the undersigned, hereby declare that I am over the age of 18 years and not a party to the above-captioned action; that my business address is Venardi Zurada LLP 25 Orinda Way, Suite 250, Orinda, CA 94563. On November 15, 2018 the following document(s) was served: e PLAINTIFF’S NOTICE OF AND MOTION TO STRIKE COSTS ¢ DECLARATION OF ATTORNEY JAMIE V. RETMIER IN SUPPORT OF PLAINTIFF’S MOTION TO STRIKE COSTS on the parties to this action at the following address(es): Gilbert J. Tsai, Esq. Luanne Rutherford Ashley A. Baltazar, Esq. McNamara, Ney, Beatty, Slattery, HANSON BRIDGETT LLP Borges & Ambacher LLP 425 Market Street, 26" Floor 3480 Buskirk Avenue, Suite 250 San Francisco, CA 94105 Pleasant Hill, CA 94523 gtsai@hansonbridgett.com Luanne.rutherford@menamaralaw.com Lori B. Feldman, Esq. Law Offices of Lori B. Feldman 175 North Redwood Drive, Suite 150 San Rafael, CA 94903 Ibfeldmanlaw@gmail.com BY ELECTRONIC SERVICE: | electronically served the document(s) described above via File & ServeXpress, on the recipients designated on the Transaction Receipt located on the File & ServeXpress website (https://secure.fileandservexpress.com) pursuant to the Court Order 27 establishing the case website and authorizing service of documentse. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 15, 2018 at Walnut Creek, California. C Jamie Retmier Proof of Service — Shrestha v. Hotel Sunrise, et al.