Motion to Tax Costs in Vladimir Sommer vs FCA US LLC| Trellis.Law

On November 30, 2016 a Motion,Ex Parte was filed involving a dispute between Vladimir A Sommer, and Fca Us Llc, Mathew Enterprise, Inc., for Breach of Contract/Warranty Unlimited(06) in the District Court of Santa Clara County.

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Jennifer A. Kuenster, State Bar No. 104607
jkuenster@nixonpeabody.com
Scott S. Shepardson, State Bar No. 197446
sshepardson@nixonpeabody.com
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, CA 94111-3600
Telephone (415) 984-8268
Fax (415) 984-8300

Lisa Schwartz Tudzin, State Bar No. 132173
Itudzin@nixonpeabody.com
Christopher M. Fisher, State Bar No. 142702
cfisher@nixonpeabody.com
NIXON PEABODY LLP
300 South Grand Avenue, Suite 4100
Los Angeles, California 90071
Telephone: (213) 629-6000
10 Fax: (213) 629-6001

11 Attorneys for Defendant
FCA US LLC
12

13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SANTA CLARA
15
VLADIMIR A. SOMMER, Case No.: 16CV303248
16
Plaintiff, DEFENDANT’S MOTION TO TAX
17 COSTS AND DECLARATION OF
vs. CHRISTOPHER M. FISHER IN
18 SUPPORT OF MOTION AND
FCA US LLC, a Delaware Limited Liability PROPOSED ORDER
19 Company; MATTHEW ENTERPRISE, INC.,
a California Corporation dba BOARDWALK Date: August 16, 2018
20 CHRYSLER JEEP DODGE; and DOES 1 Time: 9:00 a.m.
through 10, inclusive, Dept.: 19
21
Defendants.
22 Complaint Filed: November 30, 2016

28 SF #1530774 vi
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN SUPPORT OF MOTION AND
PROPOSED ORDER
4838-7807-3451.1
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on August 16, 2018 at 9:00 a.m. or as soon thereafter as the

matter may be heard in Department 19 of the above-entitled court located at 191 North First

Street, San Jose, CA 95113, Defendant FCA US LLC (“Defendant”) will move this court for an

order taxing the Memorandum of Costs filed by Plaintiff Vladimir A. Sommer (“Plaintiff”) in the

amount of $23,133.36. Any award to Plaintiff should be no more than $8,651.88, subject to the

Court’s discretion to reduce the cost and expenses further. The motion is made on the grounds

that certain costs and expenses are unreasonable, including all expert fees sought by Plaintiff.

Defendant’s motions are made pursuant to California Civil Code section 1794(d) and is
10 based on this Notice of Motion, the Memorandum of Points and Authorities in support of the
11 Motion, the Declaration of Christopher M. Fisher (“Fisher Decl.”), the arguments that will be
12 made at the time of the hearing, the pleadings and files in this matter, and such further and other
13 evidence and information as the Court deems just and proper.
14
Date: July 12, 2018 NIXON PEABODY LLP
15
Cleef Fe
16 By:
17 Scott S. Shepardson
Christopher M. Fisher
18 Attorneys for Defendant
FCA US LLC
19

28 -l-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

Plaintiff Vladimir A. Sommer (“Plaintiff”) filed a Memorandum of Costs seeking to

recover $23,836.84 from Defendant FCA US LLC (“Defendant”). This total represents all of his

costs and expenses from the beginning of the case to the end including $10,335.30 for experts’

fees. The expert fees and other costs are vague, ambiguous and unreasonable. Other costs appear

duplicative and unreasonable. Much of the fees and costs incurred could have been avoided had

Plaintiff really had any intention of trying to resolve the case throughout the course of the
10
litigation as set forth in Defendant’s Opposition to Plaintiff's Motion for Attorney’s Fees.
11
Plaintiff's memorandum of costs should be taxed in the amount of $15,184.96 of the total fees
12
Plaintiff seeks to recover. Plaintiff should be awarded no more than $8,651.88.
13
Il. STATEMENT OF RELEVANT FACTS
14
On June 22, 2018, Plaintiff Vladimir A. Sommer (‘Plaintiff’) served his memorandum of
15
costs. Fisher Decl., P 3, Exhibit A. Plaintiff filed his Complaint on November 30, 2016 seeking
16
restitution under the Song-Beverly Act and alleging a fraud cause of action against Defendants
17
FCA US LLC and Matthew Enterprises, Inc. Fisher Decl., 4. Defendants filed their Answers to
18
the complaint on about January 3, 2017. Defendant Matthew Enterprises, Inc. was dismissed with
19
prejudice on March 1, 2017. Id. Plaintiff's expert witnesses Barbara Luna and Anthony Micale
20
were never deposed in this case. Jd. The case settled on the second day of trial on February 21,
21
2018. Jd. As such, Plaintiffs expert witnesses Barbara Luna and Anthony Micale never testified
22
at trial. Jd. Plaintiff recovered nothing for his fraud claim. Id.
23
Dr. Luna was Plaintiff's “fraud” expert. Fisher Decl., 5, Exhibit B. Her opinions are
24
focused solely on the one cause of action: Plaintiffs fraudulent concealment claim. Fisher Decl.,
25
P5. Dr. Luna’s testimony in that regard is the same in every case and is based exclusively on the
26
allegations of the complaint and the opinions of the mechanical expert that the vehicle was
27

28 -2-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-345 1.
equipped with a TIPM and there was a purported concealment of material facts about regarding

that component. /d.

II. PLAINTIFF’S MEMORANDUM OF COSTS SHOULD BE TAXED; $23,836.84 IS

EXCESSIVE AND UNREASONABLE IN THIS MATTER.

Where a claim is made for disbursement which on its face does not appear to be proper or

is for a disbursement the necessity for which is doubtful, and the item is properly challenged upon

a motion to tax costs, the burden is on the claimant to establish the necessity for the disbursement.

(Stenzor v. Leon (1955) 130 Cal.App.2d 729, 735.)

A. The Expert Fees Should Be Cut Entirely and the Cost Bill Taxed by $10,335.30.
10 Plaintiff seeks to be reimbursed in the amount of $10,335.30 for the expert fees of Stan
11 Gozzi (Defendant’s automotive expert), Dr. Barbara Luna (Plaintiff's “fraud” expert), and
12 Anthony Micale (Plaintiffs automotive expert). These costs should be taxed in its entirety. First,
13 these costs are vague and ambiguous. The memorandum states the experts’ billing rates “varies”.
14 How can the listed costs be calculated when there is no discernible billing rate? These ambiguities
15 alone make these costs excessive and unreasonable on their face and should be taxed in their
16 entirety.
17 Further, Plaintiff seeks a total of $6,257.50 in fees he spent for Dr. Luna’s role in this case.
18 Dr. Luna was Plaintiff's “fraud” expert. (Fisher Decl., P 5, Exhibit B.) Her opinions are focused
19 solely on the one cause of action: Plaintiff's fraudulent concealment claim. Fisher Decl., P 5. Dr.
20 Luna’s testimony in that regard is the same in every case and is based exclusively on the
21 allegations of the complaint and the opinions of the mechanical expert that the vehicle was
22 equipped with a TIPM and there was a purported concealment of material facts about regarding
23 that component. Jd.
24 In this case, Dr. Luna was not deposed in this case nor did she have to testify at trial. But
25 more importantly, Plaintiff recovered nothing on his fraud claim. So Dr. Luna’s work on this
26 case added nothing to it. On its face, her fees are plainly doubtful and charging Defendant with
27

28 -3-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
that fee is entirely unreasonable. Thus, Dr. Luna’s expert fees should be taxed in the full amount

of $6,257.50.
Likewise, Mr. Micale’s expert costs in the amount of $3,325.00 should be taxed. Mr.

Micale never produced a report in this case, Plaintiff never produced Mr. Micale for deposition

and the case settled before he took the stand. Therefore, his expert costs appear excessive and

unreasonable. His expert costs in the amount of $3,325.00 should be taxed in their entirety.

All told, these expert fees should be taxed in the amount of $10,335.30.

B. Plaintiff’s “Travel” Costs in the Amount of $3,724.20 Should Be Taxed.
Plaintiff seeks to recover “Travel” in the amount of $3,724.20 listed in the Deposition
10 Costs, Section 4, and the “Other” section, Section 13, of the Memorandum of Costs. There are
11 “travel” costs associated with deposition costs for Stevens Creek Chrysler ($69.77), Boardwalk
12 Chrysler ($64.80) and Stanley A. Gozzi ($404.79), totaling $539.36. In addition, there are
13 additional “travel” costs listed under the “Other” section in the memorandum of costs in the
14 amount of $3,184.84 that are unexplained and may be duplicative. All these “travel” costs in the
15 amount of $3,724.20 should be taxed.
16
C. Plaintiff’s “Other” Costs Should Be Taxed in the Amount of $1,125.46.
17
There is no explanation whatsoever for other “Other” costs, Section 13, and they appear
18
improper. “Attorney service and messengers for court filings and service” ($857.84), court calls
19
($172.00) an unexplained “overnight” ($30.62) and an unknown cost for “Court Professional
20
Professional at CMC (8/13/17)” ($65.00) total $1,125.46 and appear excessive and unreasonable
21
and should be taxed. Therefore, the Memorandum of Costs should further be taxed by $1,125.46.
22
Mt
23
Ml
24
Ml
25
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26
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27
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28 -4-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
IV. CONCLUSION

For all the foregoing reasons, Defendant respectfully proposes that the award of costs and

expenses to Plaintiff should be taxed by $15,184.96. Any award to Plaintiff should be no more
4 than $8,651.88, subject to the Court’s discretion to reduce the cost and expenses further.

Date: July 12, 2018 NIXON PEABODY LLP
Cea ROL
By:
Scott S. Shepardson
Christopher M. Fisher
Attorneys for Defendant
FCA US LLC

28 -5-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
DECLARATION OF CHRISTOPHER M. FISHER

I, Christopher M. Fisher, declare:

1 I am an attorney licensed to practice law before all courts of the state of California

and am an attorney with Nixon Peabody LLP, attorneys of record for Defendant FCA US LLC

(“Defendant”).

2. I have personal knowledge of the facts set forth below and could and would testify

thereto if called upon to do so.

3 On June 22, 2018, Plaintiff Vladimir A. Sommer (“Plaintiff”) served his

memorandum of costs. Attached hereto as Exhibit A is a true and correct copy of the Plaintiff's
10 memorandum of costs.
11 4 Plaintiff filed his Complaint on November 30, 2016 seeking restitution under the

12 Song-Beverly Act and alleging a fraud cause of action against Defendants FCA US LLC and
13 Matthew Enterprises, Inc. Defendants filed their Answers to the complaint on about January 3,
14 2017. Defendant Matthew Enterprises, Inc. was dismissed with prejudice on March 1, 2017.
15 Plaintiff's expert witnesses Barbara Luna and Anthony Micale were never deposed in this case.
16 The case settled on the second day of trial on February 21, 2018. As such, Plaintiff's expert
17 witnesses Barbara Luna and Anthony Micale never testified at trial. Plaintiff recovered nothing
18 for his fraud claim. Jd.
19 5 Dr. Luna was Plaintiff's “fraud” expert. Attached hereto as Exhibit B is a true and
20 correct copy of Plaintiff's Designation of Expert Witness Pursuant to the Code of Civil Procedure,
21 Section 2034. Her opinions are focused solely on the one cause of action: Plaintiff's fraudulent
22 concealment claim. Dr. Luna’s testimony in that regard is the same in every case and is based
23 exclusively on the allegations of the complaint and the opinions of the mechanical expert that the
24 vehicle was equipped with a TIPM and there was a purported concealment of material facts about
25 regarding that component.
26 MW
27 Mt
28 -6-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
I declare under penalty of perjury under the laws of the state of California that the
foregoing is true and correct.

Executed on July 12, 2018 at Los Angeles, California.

Clergall Ge

Christopher M. Fisher

28 -7-
DEFENDANT’S MOTION TO TAX COSTS AND DECLARATION OF CHRISTOPHER M. FISHER IN
SUPPORT OF MOTION AND PROPOSED ORDER
4838-7807-3451.1
Exhibit “A”
MC-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state
bar number, and addtess): FOR COURT USE ONLY
|_ Steve Mikhov (SBN 224676)
it Law Group, LLP
1801 Cent Patk‘Bast, Suite 2300
Los Angeles, CA 90067
TELEPHONE NO: 310-552-2250 raxno: 310-552-7973
ATToRNeY
FoR (Nemo): Plaintiff: ViadimirA. Sommer
INSERT
NAME OF COURT, JUDICIAL DISTRICT, AND BRANCH COURS, IF ANY:
Superior Court of California, County of Santa Clara
PLAINTIFF: ViadimirA. Sommer
DEFENDANT: FCA US LLC

‘CASE NUMBER:
MEMORANDUM OF COSTS (SUMMARY) 16CV303248
The following costs are requested: TOTALS

4 Filing and motion fees 18 [435.00]
Jury fees

Jury food and lodging
ssL__
Deposition costs 4.$ |2,438.61
Service of process
as p35]
Attachment expenses
ssL____
‘Surety bond premiums
7s
8. Witness fees os (1033530|
9. Court-ordered transcripts asf]
os]
10. Attomey fees (enter here if contractual or.statutory fees are fixed withoutnecessiy of a court
determination; otherwise a noticed motion is requir

11. Models, blowups, and photocopies of exhibits
ns a7.
12. Court reporter fees as established by statute v2.8 bsa630__]
43. Other vss [439959|
TOTAL COSTS $ 23,836.84 __.

1am the attomey, 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: June 22, 2018

see... Steve Mikhov
Steve Mughe (SBN 224676),%).......
BN 2240, > (SIGNATURE)
(TYPE OR PRINT NAME)
(Proof of service on reverse)
FaiApproved for Optional Use MEMORANDUM OF COSTS (SUMMARY) ‘Code of Chl Procedure,
§§ 1032, 1025
'MC-010 [Rex July 4, 1990},
SHORT TITLE: ‘CASE NUMBER:
| Vladimir A. Sommer v. FCA US LLC 16CV303248

PRooF OF GZ] maiLiNG (_] PERSONAL DELIVERY
1. At the time of mailing
or personal delivery, | was at least 18 years of age and not a party to this legal action.
2. My residence or business address is (specify): 1801 Century Park East
Suite 2300
Los Angeles, CA 90067
3. | mailed or personally delivered a copy of the Memorandum of Costs (Summary) as follows (complete either a or bj.
a Mail. | am a resident of or employed in the county where the mailing occurred.
(1) lencloseda copy in an envelope AND
(a) deposited the sealed envelope with the United States Postal Service with the postage fully prepaid.
(b) Placed the envelopefor collection and mailing on the date and at the place shown in items below following
our ordinary business practices. | 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:

b. (7) Persona! delivery. | personally delivered a copy as follows:
(1) Name of person served:
(2) Address where delivered:

(3) Date delivered:
(4) Time delivered:

| declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME) (SIGNATUREOF DECLARANT)

(MC-010
[Rew July 4, 1988) MEMORANDUM OF COSTS (SUMMARY) Page two
MC-011
SHORT TITLE: Vladimir A. Sommer v. FCA US LLC (CASE NUMBER:
} 16CV303248

MEMORANDUM OF COSTS (WORKSHEET)

1. Filing and motion fees.
Paper filed Filing fee
a Complaint gs 435.00
b. Motion for Attorney's Fecs ¢ 90.00
$

$
$
9. [1 information about additional filing and motion fees is contained in Attachment 1g.

TOTAL 1. $495.00
Jury fees
Date Fee
mileage
&

a. 3/15/2017 150.00
b. $
«. $
d, $
e. [__] information about additional jury fees is contained in Attachment 2e.

TOTAL 2. $150.00
Juror food: $ and lodging: $ TOTAL 3. $
Deposition costs
Name of Video-
Taki t oni i
deponent taping Subtotals

a. Stevens Creek Chrylser 541.05 ¢ 69.77 ¢ 510.82
b. Boardwalk Chrysler $ s 605.40 ¢ £4.80 ¢ 610.20
Stanley A. Gozzi $ ¢ 752.80 $ 404.79 g 1157.59
$ $ $ $
e. [1 Information about additional deposition costs is contained in Attachment 4e.
TOTAL 4. $2,438.61

(Continued on reverse) Page. 1_ of 4
Form Approved
for Optional Use MEMORANDUM OF COSTS (WORKSHEET) Code of
MeSH Ree yt 09) ‘98 1032, 103.5
‘SHoRT TITLE: Vladimir A. Sommer v. FCA US LLC ‘CASE NUMBER:
1 16CV303248

5. Service of process
Name of person Public Registered Other
served process Publication (specify)
a. FCA US LLC $ $ 37.95 $ $
b, Mathew Enterprise, Inc. ¢ $ 88.90 $ $
c. Stevens Creek PMQ $ $ 110.00 $ $
4d. GZ] Information about additional costs for service of process is contained in Attachment 5d.

TOTAL 5. $ 2,834.35

Attachment expenses (specify):

‘Surety bond premiums (itemize bonds and amounts):

a Ordinary witness fees
Name
of witness Daily fee Mileage

(1) days at ‘$iday miles at gimile

(2) days at $day miles at ¢imile

(3) days at Siday miles at ¢imite
(4) days at S/day miles at ¢imite
5) days at $day miles at gimile

(6) [1 Information about additional ordinary witness fees is contained in Attachment 8a(6).

SUBTOTAL 8a. $
(Continued on next page) Page. 2 of 4
MC-011 (Rex July 1, 1888} MEMORANDUM OF COSTS (WORKSHEET)
sHort Tite: Vladimir A. Sommer v. FCA US LLC ‘CASE NUMBER
{ 16CV303248

MEMORANDUM OF COSTS (WORKSHEET) (Continued)

8. b. Expert fees (per Code of Civil Procedure section 998)
Fee
(1) Stanley Gozzi (2/1/18) 3 hours at$ varies /hr $ 752.80
(2) Barbara Luna (2/16-20/18) 23.25 hours at$ varies — /nr $ 6,257.50

(3) Anthony Micale(2/17-21/18 9.5 hours at$ varies /hr $ aa
3,325.00
@ hours at $ for $
(5) [1] Information about additional expert witness fees is contained in Attachment 8b(5).
SUBTOTAL 8b. $ 10,335.30
Court-ordered expert fees
Name
of witness Fee

() hours at $ (hr $
(2) hours at$ thr $

(3) [1 Information about additional court-ordered expert witness fees is contained in Attachment 8¢(3).
SUBTOTAL 8c. $

TOTAL (8a, 8b,
& 8) 8.

9. Court-ordered transcripts (specify):

10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court
determination; otherwise a noticed motion is required):
ofs ]
14. Models, blowups, and photocopies of exhibits (specify): 1. | $337.52
Trial Binders (2/19/18)
12, Court reporter fees (as established by statute)

a. (Name of reporter): Veritext (2/20/18) Fees: $ 1,435.90

b. (Name of reporter): Veritext (2/21/18) Fees: $ 1,410.40

¢. [1 Information about additional court reporter fees is contained in Attachment 12c.
TOTAL 12. $ 2,846.30

13. Other (Specify): cece ce eee eee een teen eee ene eenseeteeeeee 13. $ 4,399.59
TOTAL COSTS $ 23,836.84
(Additional information may be supplied on the reverse) Page. 3 of 4
MC-011
[Rev Juty 1, 1999), MEMORANDUM OF COSTS (WORKSHEET)
SHORT TiTLe: Vladimir A. Sommer v. FCA US LLC ‘CASE NUMBER:
t 16CV303248
MEMORANDUM OF COSTS (WORKSHEET) (Continue)
1 5. Service of process

Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's SA #415 $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's SA #2964 $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's SA #325 $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's Tech #133! $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's Tech #259. $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's Tech #535 $110.00
Rapid Legal Inv. Depo Subp. - Stevens Creek Chrysler's Tech #421 $110.00
Rapid Legal Inv Depo Subp. - Boardwalk Chrysler's PMQ $270.00
Rapid Legal Inv. Depo Subp. - Boardwalk Chrysler's SA #3664 $130.00
Rapid Legal Inv. Depo Subp. - Boardwalk Chrysler's SA #3587 $130.00
Rapid Legal Inv. Depo Subp. - Boardwalk Chrysler's SA #3653 $130.00
Rapid Legal Inv. Depo Subp.- Boardwalk Chrysler's Tech #3577 $130.00
9 Rapid Legal Inv. Depo: Subp.- Boardwalk Chrysler's Tech #404 $130.00
Janney &Janney In ‘il Subp.- Boardwalk Chrysler's PMQ.. $144.50
10 Janney&Janney In il Subp. Boardwalk Chrysler's Tech #3577 $39.50
Janney &Janney In ‘il Subp. - Boardwalk Chrysler's SA #365 $39.50
14 Janney&Janney In il Subp. - Boardwalk Chrysler's SA #3664 $39.50
Janney&Janney Inv. Civil Supb.- Stevens Creek Chrysler's PMQ $144.50
12 Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's SA #3: $39.50
Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's SA #415 $39.50
13
Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's SA #2964 $39.50
14 Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's Tech #535 $39.50
Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's Tech #1339 $39.50
15 Janney&Janney Inv. Ci Supb. Stevens Creek Chrysler's Tech #2591 $39.50
Janney&Janney Inv. Civil Supb. - Stevens Creek Chrysler's Tech #421 $39.50
16 Janney&Janney Inv. Civil Subp. - PMK; Michael McDowell $144.50
Janney &Janney Inv. Civil Subp. - Boardwalk Chrysler's SA #358’ $39.50
7 Janney&Janney Inv Civil Subp. - Boardwalk Chrysler's Tech #404 $39.50
18
13. Other
19
Attomey Services and Messengers for Court Filings and Service $857.84
20 Mediation with Maureen Summers $89.29
Court Calls $172.00
21 Overnight $30.62
Travel $3,184.84
22 Court fession: ‘ofessional at $65.00
23

27
Page. 4
—_t
MC-O11 [Rew July 1, 1899) MEMORANDUM OF COSTS (WORKSHEET)
PROOF OF SERVICE
(Code of Civil Procedure §1013a)

Iam employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the within action. My business address is 1801 Century Park East, Suite
2300, Los Angeles, CA 90067.

I served the foregoing document described as:

MEMORANDUM OF COSTS (SUMMARY)

Said document was served on the interested parties in this action, by placing true copies
thereof enclosed in sealed envelopes, with postage prepaid, addressed as follows:

SEE ATTACHED SERVICE LIST

10 BY MAIL: I am readily familiar with this firm's practice of collection and processing
11 correspondence for mailing with the United States Postal Service. Under that practice, it
would be deposited with the U.S. Postal Service on that same day with postage thereon
12 fully prepaid at a Posial Service collection box at Los Angeles, California, in the ordinary
course of business. The envelope was sealed and placed for collection that same day
13 following ordinary business practices, addressed to the above-referenced attorney.
14
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an
15 agreement of the parties to accept service by e-mail or electronic transmission, I caused
the documents to be sent to the persons at the e-mail addresses listed above. I did not
16
receive, within a reasonable time after the transmission, any electronic message or other
17 indication that the transmission was unsuccessful.

18 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
19
20 Executed on June 22, 2018 at Los Angeles, California.

21
.
22
J uetine Smith
23
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25
26
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28

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PROOF OF SERVICE
SERVICE LIST
Scott S. Shepardson, Esq.
NIXON PEABODY LLP
One Embarcadero Center, 18th Floor
San Francisco, CA 94111
Counsel for Defendants,
FCA US LLC and MATHEW ENTERPRISE, INC.
(via mail only)

Barry R. Schirm, Esq.
HAWKINS PARNELL THACKSTON & YOUNG LLP
445 South Figueroa Street, Suite 3200
Los Angeles, California 90071
Co-Counsel for Defendants,
FCA US LLC and MATHEW ENTERPRISE, INC.
10 (via mail only)

11 Michael H. Rosenstein, Esq.
> LAW OFFICES OF MICHAEL H. ROSENSTEIN
2 1801 Century Park East, Suite 2300
13 Los Angeles, CA 90067
Email: mrosenstein@rose-lawoffice.com
14 Co-Counsel for Plaintiff,
VLADIMIR A. SOMMER
15 (via email only)
16

17
18
19
20
121

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25
26
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28

-2-
PROOF OF SERVICE
Exhibit “B”
KNIGHT LAW GROUP, LLP
Steve Mikhov (SBN 224676)
Amy Morse (SBN 290502)
1801 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: (310) 552-2250
Fax: (310) 552-7973
LAW OFFICES OF MICHAEL H. ROSENSTEIN
Michael H. Rosenstein (SBN 169091)
1801 Century Park East, Suite 2300
Los Angeles, CA 90067
Telephone: (310) 286-0275
Fax: (310) 286-0274
10 Attorneys for Plaintiff,
11 VLADIMIR A. SOMMER

12
SUPERIOR COURT OF CALIFORNIA
13
COUNTY OF SANTA CLARA
14
15
VLADIMIR A. SOMMER, Case No.: 16CV303248
16 Unlimited Jurisdiction
17
Plaintiff, PLAINTIFF’S DESIGNATION OF EXPERT
18 WITNESS PURSUANT TO
vs. THE CODE OF CIVIL PROCEDURE,
19 SECTION 2034
20 [Filed Concurrently with Declaration Of Amy
FCA US LLC, a Delaware Limited Liability
Morse]
21 Company; MATHEW ENTERPRISE, INC.,
a California Corporation dba STEVENS
22 CREEK CHRYSLER JEEP DODGE; and Date Filed: November 30, 2016
23 DOES 1 through 10, inclusive, Trial Date: February 20, 2018

24
25 Defendant.
26
27
28

PLAINTIFF’S EXPERT DESIGNATION
TO DEFENDANT AND ITS ATTORNEY OF RECORD:

Plaintiff ROBERT ALLSPP submits this Designation of Expert Witness pursuant to
section 2034.010 of the Code of Civil Procedure.
1 Dr. Barbara C. Luna, is hereby designated as Plaintiff's expert. Dr. Luna has
been retained by Plaintiff for the purpose of forming and expressing an opinion in anticipation of
trial. Dr. Luna’s business address is as follows: 15490 Ventura Boulevard, Suite 400, Sherman

Oaks, California 91403-3016.
2 Dr. Luna has over thirty years of experience as a forensic accountant and a
damages and valuation expert in business, personal injury, and bankruptcy matters. Dr. Luna’s
10
extensive experience includes analyzing financial, accounting, economic, business, real estate,
11
and valuation issues relating to liability and damages in litigation matters and reorganization of
12
businesses. Dr. Luna has at least thirteen certifications and accreditations, including Certified
13
Fraud Examiner. (See Curriculum Vitae of Dr. Barbara C. Luna attached to the declaration of
14
Amy Morse filed concurrently).
15
3 Dr. Luna is expected to testify in Plaintiff's case in chief as to matters including,
16
but not limited to, indicia of fraud, corporate business culture, customs and practices, industry
17
standards of concealing or omitting material information, the materiality of such information,
18
repeated intentional omissions, and corporate philosophy and risk management strategy.
19
4. Dr. Luna is also expected to testify as to the valuation of damages based on the
20
financial impact of omissions, the quantification of culpability of the defendant, the
21
quantification of the reprehensibility of Ford’s conduct including, but not limited to, the repeated
22
wrongdoing, and profitability of the scheme.
23
5 Dr. Luna is sufficiently familiar with this case and is prepared to testify at a
24
deposition regarding the foregoing issues and the opinions she is expected to give at trial.
25
6. Dr. Luna has agreed to testify at trial.
26
27
28

-I-
PLAINTIFF’S EXPERT DESIGNATION
7. Dr. Luna’s fees are $390 to $495 for work done by partners of her firm, $190 to
$250 for associates and senior accountants, $130 to $185 for staff accountants, and $50 to $80

for clerical, typing, and reproduction services.
Mt

OTHER EXPERTS:
8, Plaintiff reserves the right to call as his own expert any individual listed by
Defendant, whether or not such persons are listed as retained or non-retained experts, and
whether or not such persons are called at trial by defendant and whether or not such witnesses
have been withdrawn as experts. Because Plaintiff has not retained these individuals, Plaintiff
10 has no control over them and will have to subpoena them for their appearance at deposition or
11 trial.
12 9. Plaintiff may also call at the time of trial those service managers, technicians, and

13 others with special knowledge, training, and experience regarding matters of which they have
14 personal knowledge relating to the issues in this case. Plaintiff may ask these witnesses for
15 opinions in their areas of special knowledge and experience.
16 10. Plaintiff reserves the right to call as experts any experts disclosed by Defendant
17 and to designate additional other expert witnesses to address aspects of issues of this case of
18 which plaintiffs are not presently aware.
19 lL. Plaintiff reserves the right to designate additional expert witnesses in accordance
20 with Code of Civil Procedure, section 2034.010, et seq.
21 12. Plaintiff reserves the right to amend this designation pursuant to Code of Civil
22 Procedure, sections 2034.280 and 2034.610.

23 13. Plaintiff reserves the right to call any expert witnesses necessary to rebut or
24 impeach any testimony of any other expert witness designated by any other party in this action
25 pursuant to Code of Civil Procedure, sections 2034.310 and 2034.280.
26 14, Plaintiff hereby reserves the right to designate additional expert witnesses as may
27 be necessary. The names of expert witnesses will be revealed promptly, and each will be made
28 available for deposition prior to testifying at trial.

2-
PLAINTIFF’S EXPERT DESIGNATION
15. Plaintiff hereby reserves the right to call expert witnesses as necessary in rebuttal
Mt
Mf
Ml
Mt
Ml
Mt
Mt

DISCOVERABLE EXPERT REPORTS
10 Discovery and investigation are continuing. Plaintiff is still conducting discovery and
ll has not obtained completed expert witness reports from Plaintiff's expert witness. Plaintiff will
12 produce expert witness report(s) in the event that a report is prepared upon the completion of

13 discovery and investigation in this case.
14
15
16
Dated: December 20, 2017 KNIGHT LAW GROUP, LLP
17
18
19
20
21
Steve Mikhov (SBN 224676)
Amy Morse (SBN 290502)
22 Attomeys for Plaintiff,
Vladimir A. Sommer
23
24
25
26
27
28

-3-
PLAINTIFF’S EXPERT DESIGNATION
PROOF OF SERVICE
(Code of Civil Procedure §1013a)

I am employed in the County of Los Angeles, State of California. I am over the age of 18
years and not a party to the within action. My business address is 1801 Century Park
East, Suite
2300, Los Angeles, CA 90067.

I served the foregoing document described as:

PLAINTIFF’S DESIGNATION OF EXPERT WITNESS PURSUANT TO
THE CODE OF CIVIL PROCEDURE, SECTION 2034

Said document was served on the interested parties in this action, by placing true copies
thereof enclosed in sealed envelopes, with postage prepaid, addressed as follows:

Scott S. Shepardson, Esq.
10 NIXON PEABODY LLP
One Embarcadero Center, 18" Floor
11 San Francisco, CA 94111
12 Counsel for Defendant,
FCA US LLC and
13 MATHEW ENTERPRISE, INC.
14
BY MAIL: Iam readily familiar with this firm's practice of collection

Case Info

Judge

Mark H. Pierce Track Judge’s New Case

Case No.

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Document Filed Date

July 12, 2018

Case Filing Date

November 30, 2016

County

Parties

Amy-Lyn Morse Attorney For The Plaintiff
FCA US LLC Defendant
Jennifer A Kuenster Attorney For The Defendant
Mathew Enterprise, Inc. Defendant
Vladimir A Sommer Plaintiff
Scott Shepardson Attorney
Barry Schirm Attorneys for Defendants
Michael Rosenstein Attorneys for Plaintiffs
Steve Mikhov Attorneys for Plaintiffs
Jamie Adler Attorneys for Plaintiffs
Brian Shippen-Murray Attorneys for Plaintiffs
Lisa Schwartz-Tudzin Attorneys for Defendants
Christopher Fisher Attorneys for Defendants
Lauren Ungs Attorneys for Plaintiffs
Amy Morse Attorneys for Plaintiffs
Kristina Stephenson Attorney
Aaron Brian Attorneys for Defendants
Foram Dave Attorneys for Defendants
Stephen Grimsrud Attorney
Scott Erskine Attorneys for Defendants
Richard Wirtz Attorneys for Plaintiffs
Douglas Proudfoot Attorneys for Defendants
Michael Ouziel Attorneys for Plaintiffs
Robert Thackston Attorneys for Defendants
Brian Takahashi Attorney
LINDSAY CARLSON Attorney
Sepehr Daghighian Attorneys for Plaintiffs
Shawna Melton Attorneys for Plaintiffs
Monica Sandhu Attorneys for Plaintiffs
Sharon Stewart Attorney
Joseph Spataro Attorney
Indoo Desai Attorneys for Defendants

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Motion,Ex Parte: Vladimir Sommer vs FCA US LLC

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