On January 15, 2016 a
Order
was filed
involving a dispute between
Cecelia Boswell,
Stephen Boswell,
and
Mike Nobili,
Nicolas Nobili,
Rendy Nobili,
for civil
in the District Court of Placer County.
Preview
SUPERIOR COURT OF THE STATE OF CALIFORNIA F TL E mM
DN
IN AND FOR THE COUNTY OF PLACER _—_ SUPERIOR Sount of CALLIFORNIA
KRW
Mark S. Curry, Judge
DH
Case No.: SCV 37296
STEPHEN BOSWELL AND CECELIA
ON
BOSWELL,
COURT FINDINGS AND ORDER RE:
Plaintiff, IDEFENDANT’S
Oo
MOTION TO TAX
IPLAINTIFF’S COSTS.
VS.
HO
RENDY NOBILI, MIKE NOBILI, NICOLAS
BS
NOBILI,
Ee
BWNYN
Defendants.
Be eB
On December 18, 2018, the defendant moved to tax certain costs and expenses claimed
ew
HU
by the plaintiff. The Court issued a tentative decision and the parties appeared on January 23,
Be
2019, for further oral argument. Following argument, on January 31, 2019, the plaintiff filed
DWN
BB
notice to withdraw the request for certain costs and requested the court to adopt its tentative
ruling.
BP
OCHO
However, during argument, the defendant requested the court to tax the $6040 costs of
an IT person used by plaintiff during trial. That person ran the plaintiff's computer equipment
NNN
during trial,e.g., Powerpoint presentation. The Court agrees with the defendant that that was a
KRWNH
mere convenience expense and not necessary. The Court will tax that cost. (E7 Dorado Meat v
Yosemite Meat (2007) 150 Cal. App. 4° 612, 620; CCP 1033.5(c)(2)).
NNN
Further, the Court will tax the plaintiff's mediation fees of $800, as mediation was not
court ordered in this case.
UN
The Court will not tax the costs of the experts for blocking out time because it was not
A
NNN
the plaintiffs fault that the experts were unable to testify as originally scheduled.
GaN
Accordingly, the Court finds as follows:
FB
YN
Plaintiff costs: $97,701.29
KRW
Amount taxed or withdrawn:
OT
a. IT person $6040
BD
b. Pre998 Shimada: $5850 (withdrawn)
Pre 998 Hyland: $2419 (withdrawn)
DAN
c,
d. Mediation fee: $800
Oo
Total taxed or withdrawn: $15,109.
OO KH
ee
Therefore, the defendant shall pay plaintiffs costs in the amount of $82,592.29, with ten-percent
WN
interest to accrue from the date of this cost award. (C.C.P. 685.020(a).)
em
bic
PB
em Be
DUH
IT IS SO ORDERED.
ew Bw
DON
Dated: February 4, 2019
Hon. Ark S. Curry
BB
Judg¢ Of theSuperior Court
OO
KN NN
RWNHeE
NNN
DU
NNN
ON
Case No. SCV-0037296 Boswellj vs. Nobili
Proof of Service
CERTIFICATE OF MAILING
| am employed by the County of Placer, State of California. |am over the age of 18
years and not a party to the within above entitled action. My business address is
PLACER COUNTY SUPERIOR COURT, 101 Maple Street. On this date, February 4,
2019, |served the within:
Court Finding and Order Re: Defendant’s Motion to Tax Plaintiff’s Costs
By placing a true copy thereof for collection and mailing so as to cause it to be mailed
on the above date, following standard court practices, in sealed envelopes addressed
as follows:
Larry Q. Phan
Attorney at Law
10 Almaden Boulevard, Suite 1250
San Jose, CA 95113
Gareth J. Umipeg
Attorney at Law
980 9" Street, Suite 2250
Sacramento, CA 95814
| am readily familiar with the county’s practice of collection and processing correspondence for
mailing. Under such practice this document would be deposited with the U.S. Postal Service
and/or interoffice mail on that same day with postage fully prepaid at Auburn, California, in
ordinary course of business.
| declare under penalty of perjury, under the laws of the State of California, that the
foregoing is true and correct. Executed on February 4, 2019
THE COURT
By: SF et
~~
R. Graham, Clerk
Document Filed Date
February 04, 2019
Case Filing Date
January 15, 2016
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SUPERIOR COURT OF THE STATE OF CALIFORNIA F TL E mM DN IN AND FOR THE COUNTY OF PLACER _—_ SUPERIOR Sount of CALLIFORNIA KRW Mark S. Curry, Judge DH Case No.: SCV 37296 STEPHEN BOSWELL AND CECELIA ON BOSWELL, COURT FINDINGS AND ORDER RE: Plaintiff, IDEFENDANT’S Oo MOTION TO TAX IPLAINTIFF’S COSTS. VS. HO RENDY NOBILI, MIKE NOBILI, NICOLAS BS NOBILI, Ee BWNYN Defendants. Be eB On December 18, 2018, the defendant moved to tax certain costs and expenses claimed ew HU by the plaintiff. The Court issued a tentative decision and the parties appeared on January 23, Be 2019, for further oral argument. Following argument, on January 31, 2019, the plaintiff filed DWN BB notice to withdraw the request for certain costs and requested the court to adopt its tentative ruling. BP OCHO However, during argument, the defendant requested the court to tax the $6040 costs of an IT person used by plaintiff during trial. That person ran the plaintiff's computer equipment NNN during trial,e.g., Powerpoint presentation. The Court agrees with the defendant that that was a KRWNH mere convenience expense and not necessary. The Court will tax that cost. (E7 Dorado Meat v Yosemite Meat (2007) 150 Cal. App. 4° 612, 620; CCP 1033.5(c)(2)). NNN Further, the Court will tax the plaintiff's mediation fees of $800, as mediation was not court ordered in this case. UN The Court will not tax the costs of the experts for blocking out time because it was not A NNN the plaintiffs fault that the experts were unable to testify as originally scheduled. GaN Accordingly, the Court finds as follows: FB YN Plaintiff costs: $97,701.29 KRW Amount taxed or withdrawn: OT a. IT person $6040 BD b. Pre998 Shimada: $5850 (withdrawn) Pre 998 Hyland: $2419 (withdrawn) DAN c, d. Mediation fee: $800 Oo Total taxed or withdrawn: $15,109. OO KH ee Therefore, the defendant shall pay plaintiffs costs in the amount of $82,592.29, with ten-percent WN interest to accrue from the date of this cost award. (C.C.P. 685.020(a).) em bic PB em Be DUH IT IS SO ORDERED. ew Bw DON Dated: February 4, 2019 Hon. Ark S. Curry BB Judg¢ Of theSuperior Court OO KN NN RWNHeE NNN DU NNN ON Case No. SCV-0037296 Boswellj vs. Nobili Proof of Service CERTIFICATE OF MAILING | am employed by the County of Placer, State of California. |am over the age of 18 years and not a party to the within above entitled action. My business address is PLACER COUNTY SUPERIOR COURT, 101 Maple Street. On this date, February 4, 2019, |served the within: Court Finding and Order Re: Defendant’s Motion to Tax Plaintiff’s Costs By placing a true copy thereof for collection and mailing so as to cause it to be mailed on the above date, following standard court practices, in sealed envelopes addressed as follows: Larry Q. Phan Attorney at Law 10 Almaden Boulevard, Suite 1250 San Jose, CA 95113 Gareth J. Umipeg Attorney at Law 980 9" Street, Suite 2250 Sacramento, CA 95814 | am readily familiar with the county’s practice of collection and processing correspondence for mailing. Under such practice this document would be deposited with the U.S. Postal Service and/or interoffice mail on that same day with postage fully prepaid at Auburn, California, in ordinary course of business. | declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on February 4, 2019 THE COURT By: SF et ~~ R. Graham, Clerk