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  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
  • BILLINGS, STEVE L vs KASPERIAN, KASPEROther Collections: Unlimited document preview
						
                                

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Electronically Filed Jakrun S. Sodhi (State Bar No. 200851) 10/13/2020 2:44 PM Ameet S. Bil‘ring (State Bar N0. 297118) SODHI LAW GROUP Superior Court of California 1301 K Street, Suite F County of Stanislaus Modesto, CA 95354 Clerk of the Court Telephone: 209.900.8200 By: Nicole Nelson, Deputy Facsimile: 209.900.8205 Jak@sodhilawgroup.com $90 PD Ameet@sodhilawgroup.com Attorneys for Attorneys for Defendant/Cmss—Complainant KASPER KASPERIAN dba Z BEST AUTO SALES and Cross-Complainant Z BEST AUTOSALES LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF STAINSLAUS 10 11 STEVE L. BILLINGS, Case No.: CV-19—002235 12 Plaintiff, 13 DEF ENDANT/CROSS-COMPLAINANT V. KASPER KASPERIAN DBA Z BEST 14 AUTO SALES AND CROSS- KASPER KASPERIAN dba Z BEST COMPLAINANT Z BEST AUTOSALES 15 AUTO SALES, LLC NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR 16 Defendant. ALTERNATIVELY, TAX COSTS; / MEMORANDUM OF POINTS AND 17 AUTHORITIES IN SUPPORT THEREOF KASPER KASPERIAN, an individual, Z 18 BEST AUTO SALES, L.L.C., a Date : November 24, 2020 California Limited Liability Company, Time z 8:30 a.m. Dept. z 24 19 Cross—Complainants, 20 V. 21 STEVE BILLINGS, an individual, and MOES 1-50, inclusive, 22 Cross-Defendants. 23 24 25 /// 26 /// 27 /// 28 DEFENDANT AND CROSS-COMPLAINANT’S NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR ALTERNATIVELY, TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF -l TO STEVE BILLIN GS AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on November 24, 2020 at 8:30 am. or as soon thereafter as the 3 matter may be heard in Department 24 of the above-entitled court located at 801 10th Street, Fourth Floor 4 — Modesto, California, Defendant/Cross—Complainant KASPER KASPERIAN dba Z BEST AUTO SALES and Cross-Complainant Z BEST AUTOSALES LLC. will and do move for an order to strike 6 costs, or alternatively, an order to tax costs of Plaintiff/Cross-Complainant STEVE BILLIN GS. 7 The motion will be based on this Notice of Motion, the Memorandum of Points and Authorities, and the exhibits attached to his declaration, as well as oral and other documentary evidence as may be presented at the hearing on the motion. 10 11 DATED: October l3, 2020 SODHI W GROUP 12 13 By / 14 S. SODHI [JAKRUN AMEET S. BIRRING 15 Attorneys for Defendant/Cross-Complainants 16 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 I. SUMMARY OF FACTS 19 This casc involved a landlord/tenant dispute between tenant Defendant/Cross-Complaint 20 Kasper Kasperian and Cross-Complainant Z Best Auto Sales LLC (“Kasperian”) and Plaintiff/Cross- 21 Defendant Steve Billings (“Mn Billings”). Mr. Billings sought $24,860.00 in alleged back rent. This 22 was based on his perjury that rent was $2,600.00 per month when it was in fact $1,800.00 per 23 agreement of the parties since September 2011. The only award Mr. Billing’s received was rent from 24 March until he moved out of the property. The March rent was returned, and Mr. Billing’s refused to 25 accept the other rent. Thus, Mr. Billings was only awarded rent that Mr. Kasperian attempted to pay 26 that was refused by Mr. Billings. Mr. Kasperian was awarded nothing on his cross-complaint.‘ 27 /// 28 'See Request for Judicial Notice, Ex. A. DEFENDANT AND CROSS-COMPLAINANT’S NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR ALTERNATIVELY, TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF -2 I. RELEVENT LEGAL AUTHORITY The right to recover costs is statutory. (Murillo v.Fleerwood Enterprises, Inc. (1998) 17 Cal. 4th 985, 989.) Code of Civil Procedure (“CCP”) § 1033.5(a) identifies the specific cost items a prevailing party may recover as a matter of right, such as filing, motion, and jury fees; costs of necessary depositions; service of process costs; and court reporter fees. CCP § 1033.5(b), identifies specific cost items that a prevailing party may not recover unless authorized by law. The Court has discretion to allow costs that are not allowable costs under subdivision (a) and not listed an unallowable costs under subdivision (b) of CCP 1033.5. Any award of costs is subject to the following requirements (CCP § 1033.5(0): 10 0 Costs must be incurred, whether or not paid. 11 o Allowable costs must be reasonably necessary to the conduct of the litigation rather 12 than merely convenient or beneficial to its preparation. 13 o Allowable costs must be reasonable in amount. 14 II. ARGUMENT 15 A. Billings Is Not the Prevailing Party 16 Only the prevailing party is entitled to recover costs in any action or proceeding. (CCP 17 § 1032(b.) Here, there is a dispute as to who the prevailing party is in the matter. This will be 18 determined by Billing’s Motion to Determine the Prevailing Party on Contract to Fix Amount of 19 Attorney’s Fees Awardable as Costs and Award of Costs of Suit. This motion is set to be heard 20 November 6, 2020. Thus, Billing’s memorandum was wholly premature. 21 2 Taxing and Striking Specific Costs 22 A. Item ll—Court Reporter Fees as Established By Statutez 23 Billings claims court reporter fees in the amount of $736.25. The trial was 2.5 days. This 24 would amount to only $575 in court reporter fees, which are established by statute. The Statewide 25 Civil Fee Schedule shows that court reporter fees are $450 fora full day and $225 for a half day.3 26 The fees are split evenly between the parties. 27 7 See Request for Judicial Notice, Exhibit B. 28 3 See Request for Judicial Notice, Exhibit C. DEFENDANT AND CROSS—COMPLAINANT’S NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR ALTERNATIVELY, TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF -3 III. CONCLUSION Kasperian requests the Court strike all costs as Billings is not the prevailing party. In the alternative, Kasperian requests that the court reporter fees be stricken. DATED: October l3, 2020 SODHI L GROUP By Ameet S. Birring Attorneys for Defendant/Cross- Complainant KASPER KASPERIAN dba Z BEST AUTO SALES and Cross- Complainant Z BEST AUTOSALES 10 LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT AND CROSS-COMPLAINANT’S NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR ALTERNATIVELY, TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF -4 PROOF OF SERVICE I am employed in the County of Stanislaus; my business address is 1301 K Street, Suite F, Modesto, California. I am over the age of 18 years and not a party to the foregoing action. On October 13, 2020, I served the following document(s): DEFENDANT/CROSS-COMPLAINANT KASPER KASPERIAN DBA Z BEST AUTO SALES AND CROSS-COMPLAINANT Z BEST AUTOSALES LLC NOTICE OF MOTION AND MOTION TO STRIKE COSTS, OR ALTERNATIVELY, TAX COSTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF X By mail on the following party(ies) in said action, in accordance with Code of Civil Procedure section 1013a, by placing a true copy thereof enclosed in a sealed envelope in a designated area for outgoing mail, addressed as set forth below. In the ordinary course' of business at the Sodhi Law Group, mail placed in that designated area is given the 10 correct amount of postage and is deposited that same day in a United States mailbox in Modesto, California. 11 12 X By email transmission to the following party(ies) at the email address noted below. Pursuant to California Rules of Court Appendix I, Emergency rule 12(b) relating to 13 electronic service. I served the above documents to the email listed in the service caption above. A true and correct copy of the transmittal will be produced if requested by any 14 party or the court. 15 Anthony Drew Rowe Law Offices of Anthony Drew Rowe 16 1300 H Street, Suite 300 Modesto, CA 95354 17 Facsimile: (209) 529-4485 Email: adrowe@rowelawoffices.com 18 I declare under penalty of perjury under the laws of he St e of Ca ' ornia that the 19 foregoin is t « ecut u- ' Oc r 13,2020 at Modesto, California. 20 21 22 23 24 25 26 27 28