Preview
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
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STEVE L. BILLINGS, Case No.: CV-19—002235
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Plaintiff,
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DEF ENDANT/CROSS-COMPLAINANT
V. KASPER KASPERIAN DBA Z BEST
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AUTO SALES AND CROSS-
KASPER KASPERIAN dba Z BEST COMPLAINANT Z BEST AUTOSALES
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AUTO SALES, LLC NOTICE OF MOTION AND
MOTION TO STRIKE COSTS, OR
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Defendant. ALTERNATIVELY, TAX COSTS;
/ MEMORANDUM OF POINTS AND
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AUTHORITIES IN SUPPORT THEREOF
KASPER KASPERIAN, an individual, Z
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BEST AUTO SALES, L.L.C., a Date : November 24, 2020
California Limited Liability Company, Time z 8:30 a.m.
Dept. z 24
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Cross—Complainants,
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V.
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STEVE BILLINGS, an individual, and
MOES 1-50, inclusive,
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Cross-Defendants.
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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
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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.
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11 DATED: October l3, 2020 SODHI W GROUP
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By /
14 S. SODHI
[JAKRUN
AMEET S. BIRRING
15 Attorneys for Defendant/Cross-Complainants
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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.‘
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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.
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See Request for Judicial Notice, Exhibit B.
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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
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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.
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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
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I declare under penalty of perjury under the laws of he St e of Ca ' ornia that the
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Oc r 13,2020 at
Modesto, California.
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