On November 03, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Jal Group, L.P.,
Mizrachi, Joseph,
and
Holtzman, Seymour,
Ordower, Lawrence,
for (37) Unlimited Other Contract
in the District Court of San Mateo County.
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1 MAYER BROWN LLP
Lee H. Rubin (SBN 141331)
2 lrubin@mayerbrown.com
Cristina A. Henriquez (SBN 317445)
3 chenriquez@mayerbrown.com
Two Palo Alto Square, Suite 300
4 3000 El Camino Real
Palo Alto, California 94306-2112 9/1/2020
5 Telephone: (650) 331-2000
Facsimile: (650) 331-2060
6
Attorneys for Plaintiffs Joseph Mizrachi
7 and JAL Group, L.P.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF SAN MATEO
10
Case No. 17CIV05088
11 Joseph Mizrachi and JAL Group, L.P.,
PLAINTIFFS’ NOTICE OF MOTION
12 Plaintiffs, AND MOTION TO STRIKE OR, IN THE
ALTERNATIVE, TAX DEFENDANT
13 v. SEYMOUR HOLTZMAN’S
MEMORANDUM OF COSTS
14 Seymour Holtzman and Lawrence Ordower,
Date:10/29/2020
15 Defendants. Time: 1:30 PM
Dept: ___Law and Motion_______
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO STRIKE OR, IN THE ALTERNATIVE, TAX
DEFENDANT SEYMOUR HOLTZMAN’S MEMORANDUM OF COSTS, CASE NO. 17CIV05088
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD
2 PLEASE TAKE NOTICE that at the date and time to be determined by the Court, in Law
3 and Motion Department of the above-entitled court, located at 400 County Center, Redwood
4 City, CA 94063, Plaintiffs Joseph Mizrachi and JAL Group, L.P. will, and hereby do, move this
5 Court pursuant to rule 3.1700(b) of the California Rules of Court for an order striking Defendant
6 Seymour Holtzman’s Memorandum of Costs in its entirety on the grounds that he untimely seeks
7 to recover costs incurred at the trial level and fails to distinguish those costs from costs incurred
8 at the appellate level. In the alternative, Plaintiffs ask the Court to order Holtzman to refile a
9 Memorandum of Costs limited to costs on appeal, or tax his costs by at least $6,146.
10 This Motion is based upon the accompanying Memorandum of Points and Authorities,
11 the Declaration of Lee Rubin, any oral argument, any matters of which the Court may take
12 judicial notice, and such other matters as this Court may consider.
13
14 Dated: September 1, 2020 MAYER BROWN LLP
Lee H. Rubin
15 Cristina A. Henriquez
16
By: /s/ Lee H. Rubin
17 Lee H. Rubin
Attorneys for Plaintiffs Joseph Mizrachi and JAL
18 Group, L.P.
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO STRIKE OR, IN THE ALTERNATIVE, TAX
DEFENDANT SEYMOUR HOLTZMAN’S MEMORANDUM OF COSTS, CASE NO. 17CIV05088
Document Filed Date
September 01, 2020
Case Filing Date
November 03, 2017
Category
(37) Unlimited Other Contract
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1 MAYER BROWN LLP Lee H. Rubin (SBN 141331) 2 lrubin@mayerbrown.com Cristina A. Henriquez (SBN 317445) 3 chenriquez@mayerbrown.com Two Palo Alto Square, Suite 300 4 3000 El Camino Real Palo Alto, California 94306-2112 9/1/2020 5 Telephone: (650) 331-2000 Facsimile: (650) 331-2060 6 Attorneys for Plaintiffs Joseph Mizrachi 7 and JAL Group, L.P. 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 Case No. 17CIV05088 11 Joseph Mizrachi and JAL Group, L.P., PLAINTIFFS’ NOTICE OF MOTION 12 Plaintiffs, AND MOTION TO STRIKE OR, IN THE ALTERNATIVE, TAX DEFENDANT 13 v. SEYMOUR HOLTZMAN’S MEMORANDUM OF COSTS 14 Seymour Holtzman and Lawrence Ordower, Date:10/29/2020 15 Defendants. Time: 1:30 PM Dept: ___Law and Motion_______ 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO STRIKE OR, IN THE ALTERNATIVE, TAX DEFENDANT SEYMOUR HOLTZMAN’S MEMORANDUM OF COSTS, CASE NO. 17CIV05088 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD 2 PLEASE TAKE NOTICE that at the date and time to be determined by the Court, in Law 3 and Motion Department of the above-entitled court, located at 400 County Center, Redwood 4 City, CA 94063, Plaintiffs Joseph Mizrachi and JAL Group, L.P. will, and hereby do, move this 5 Court pursuant to rule 3.1700(b) of the California Rules of Court for an order striking Defendant 6 Seymour Holtzman’s Memorandum of Costs in its entirety on the grounds that he untimely seeks 7 to recover costs incurred at the trial level and fails to distinguish those costs from costs incurred 8 at the appellate level. In the alternative, Plaintiffs ask the Court to order Holtzman to refile a 9 Memorandum of Costs limited to costs on appeal, or tax his costs by at least $6,146. 10 This Motion is based upon the accompanying Memorandum of Points and Authorities, 11 the Declaration of Lee Rubin, any oral argument, any matters of which the Court may take 12 judicial notice, and such other matters as this Court may consider. 13 14 Dated: September 1, 2020 MAYER BROWN LLP Lee H. Rubin 15 Cristina A. Henriquez 16 By: /s/ Lee H. Rubin 17 Lee H. Rubin Attorneys for Plaintiffs Joseph Mizrachi and JAL 18 Group, L.P. 19 20 21 22 23 24 25 26 27 28 2 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO STRIKE OR, IN THE ALTERNATIVE, TAX DEFENDANT SEYMOUR HOLTZMAN’S MEMORANDUM OF COSTS, CASE NO. 17CIV05088