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  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
  • Luttrell VS Island Pacific Supermarkets, Inc. Unlimited Civil document preview
						
                                

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Jul.25, 2017 10:54AM Law Offices No. 0192 PF 2 HOWARD R. MELAMED, SBH#40962 FILED BY FAX ee Attorney at Law ALAMEDA COUNTY 319 Lennon Lane July 25, 2011 oO Walnut Creek, CA 94598 Telephone: (925) 932-0417 tHe art court Facsimile: 925 256-9542 . By Rosanne Case, Deputy Email: hmelamed@gmail.com CASE NUMBER: Attorney for Plaintitf RGO9469504 uo SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA 10 JAMES LUTTRULE, Case No. RG09-469504 : BYCFAX Plaintiff, PLAINTIFE’S OPPOSTTION TO j DEFENDANT’S MOTION TO STRIKE - 12 vs. OR, IN THE ALTERNATIVE, TAX PLAINTIFF’?S MEMORANDUM OF 13 ISLAND PACITTIC SUPERMARKETS, COSTS; DECLARATION OF HOWARD INC., and DOES 1-100, R. MELAMTD, ESQ. 14 Defendants. Date: August 5, 2011 15 Time: 9:30 a.m. Dept.: 21 16 __/ Judge: Honorable Wynne 8. Carvill 17 Plaintiff, James Luttrell, submits the following opposition to defendant’s motion to 18 strike plaintiff's memorandum of costs or, in the alternative, to tax cerlain cos(s as improper] 19 As shown by plaintiff’s opposition, the motion should be denied in its entirety. 20 ‘THE MOTION TO STRIKE PLAINTIFF'S COST BILL MUST BE DENIED 21 22 Defendant claims that plaintifl’s cost bill was filed untimely and moves Lostrike iton 23 that basis. Defendant is wrong. Plaintiff filed his cost bill timely in accordance with 24 California Rules of Court (CRC), rule 3.1700(a)(1). 25 A cost bill or memorandum of costs must be served and filed within the earlier of: 26 * 15 days after notice of cntry of judgment is mailed by the clerk under CCP 27 §664.5; 28 . 15 days after notice of entry of judgment is served by any patty; or OPPOSITION TO DEFENDANT'S MOTION TO TAX COSTS Jul. 25. 20177 10:55AM Law Offices No 0192 PF. 3 . 180 days after entry of judgment, CRC 3.7700 (a)(1). The judgment was entered on May 20, 2011. Sec Axhibit “A” to Declaration of Wilma Gray filed in support of defendant’s motion to strike or tax costs. The clerk has not mailed any document entitled “notice of entry of judgment” under CCP $664.5 and neither plamtiff nor defendant has served any such document. See Declaration of Howard R. Melamed, Esq. filed herewith. Plaintiff filed his memorandum of costs on June 29, 2011, This is within 180 days o the May 20, 2011, entry of judgment. As such, plaintiff’s memorandum of costs was filed timely and, therefore, defendant’s motion to strike the memorandum must be denied, 10 THE MOTION ‘TO TAX ITEMS FROM PLAINTIFE’S COST BIEL MUST BE in DENIED 12 L. Plaintiff’s Deposition Costs Are Proper And Should Not Be Taxed 13 14 Tn his memorandum of costs, plaintiff claims $4,368.02 in costs in connection with 15 the taking of ten (10) depositions. The costs, itemized in Attachment 4e, are for 16 “transcribing” these ten depositions and are taken from the Court Reporter’s bills,Nine of 17 these supporting bills are attached to the Declaration of Howard R. Melamed, Esq. filed 18 herewith. The billfor $322.75 for plaintiff's deposition taken on May 11, 2010, was incurred 19 by plaintiff while he was represented by counsel other than Howard R, Melamed. Prior 20 counscl has advised that he no longer has the invoice for the May 11, 2010, deposition. 21 ‘The costs of transcribing necessary depositions including an original and one copy of 22 those taken by the claimant are allowable costs under Code of Civil Procedure section! 23 1033.5(a)(3). In this regard, defendant does not challenge the necessity of the ten depositions 24 listed in plaintiff’s cost bill, 25 Defendant has moved to tax plaintiffs costs that relate to the depositions of expert 26 witnesses, to wit, Ryan Jones, Dr, Danicl Allen, Dr. Wiiliam Steams, W, Charles Perry and 27 Dr, Alan Kawaguchi. These costs total $2,587.04. Defendant’s argument is that plaintiffis 28 not entitled to the costs of taking the depositions of these experts since plaintiff failed to OPPOSITION TO DEFENDANT'S MOTION TO TAX COSTS Jul. 25. 2077 10:55AM Law Offices No. 0192 PF. 4 reccive ajudgment more favorable than defendant’s CCP 998 offer. - The flaw in defendant’s argument is that the deposition costs claimed by plaintiff are| for the “transcribing” of the depositions and noi costs paid to the expert witnesses in Mat connection with thcir depositions. See Declaration of Howard R. Melamed, lisq. [led a= herewith. As such, defendant’s motion to tax the costs incurred by plaintiff for the MA transcription of the depositions of expert witnesses must be denied. nA 2. Plaintiff's Service Of Process Costs Are ~ Proper And Should Not Re Taxed oo Defendant moves to tax plaintiffs scrvice of process costs on Lwo grounds, to wit, (1) SO itcannot be determined whether the costs were incurred before or atter defendant’s CCP 998 OS offer and (2) it cannot be determined ifthe costs are reasonable. NS ‘Lhe service of process costs were all incurred before defendant’s CCP 998 offer was eet setved on January 14, 2011. The fees for serving defendant ($250) were incurred in| WwW November, 2009. The fees for serving Unisource Discovery (medical records) ($400) were Se incurred in March, 2010. The fees for serving Stanlcy Access ($40) were incurred in August, we 2010. See Declaration of Toward R. Mclamed, Esq. filed herewith. MH The costs sct forth in plaintiffs cost bill for service of process are the amounts] Ss actually paid to the process servers cffecting service. he recoverable cost for service off ef process by a process server is the amount actually incurred in cffecting service. CCP So 20 $1033, 5fa)(4)(B). The amounts set forth in item 5 of plaintiff’ scost billfor service of process 21 arc the amounts actually paid to process servers to effect service. Sec Declaration of Howard 22 R. Melamed, Esq. filed herewith. 23 CONCLUSION 24 For the reasons stated, dcfondant’s motion to strike plaintif[’s memorandum of costs 25 or, in the alternative, to tax certain costs as improper, should be denied in itsentirety. 26 Dated: July 22, 2011 Regpectfully submitte 27 Howard R. Melamed, Attorney for 28 Plaintiff, James Luttrell OPPOSITION TO DEFENDANT’S MOTION TO TAX COSTS Jul 25. 2071 10:55AM = Law Offices No. 0192 =P. 5 DECLARATION OF TIOWARD R. MELAMED, ESQ. IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION ‘lO STRIKE OR TAX COSTS I, Howard R. Melamed, declare: 1. 1 am the attomey for plaintiff, James Taattrell, in this matter. 1arn making this declaration in support of my clicnt’s opposition to defendant’s motion to strike plaintiff's Memorandum of Costs or, in the alternative, to lax certain costs contained therein, 2. ‘The judgment was entered on May 20, 2011. See Exhibit “A” to Declaration o Wilma Gray filed in support of defendant's motion to strike or tax costs, 9 3, The clerk has not mailed any document entitled “notice of eniry of judgment” under 10 CCP $664.5 and neither plaintiff nor defendant has served any such document. li 4. Plaintiff filed his memorandum of costs on June 29, 2011. This is within 180 days 12 of the May 20, 2011, entry of judgment. 13 5. The $4,368.02 in deposition costs, itemized in Attachment 4c to plaintiff’ 14 Memorandum of Costs, are for “transcribing” the ten depositions listed in the atlachment and 15 are laken from the Court Reporter’s bills. The supporting bills for nine (9) of the depositions 16 are attached hercto as Uxhibit “A.” ‘he deposition of plaintiff on May 11, 2010, was taken 17 before T became plaintiffs attorney. Plaintiff's then counsel, Balamuth Harrington LLC, 18 advises me that they no longer have the invoice for the May 11, 2010, deposition of plaintiff, 19 However, they have filed a lien in plainti{f’s case to recover that cost among others incurred, 20 6. None of the costs included in the $4,368.02 are for money paid to the expert al wilhesses in connection with their depositions. 22 7, AlLofthe service of process costs were incurred before defendant served his CCP 23 998 offer, ‘The fee of $250 for serving defendant was incurred in November, 2009, The foc 24 of $400 for serving Unisource Discovery (medical records) was incurred inMarch, 2010. ‘The 25 fee of $40 for serving Stanley Access was incurred in August, 2010. 26 8. The amounts set forth in plaintiff's cost bill for service of process aro the amounts 27 actually paid to the various process servers. 28 9, The bill for service on Stanley Access is attached hereto as Exhibit “B,” OPPOSITION TO DEFENDANT'S MOTION TO TAX COSTS Jul. 25. 2077 10:55AM Law Offices No. 0192 PF. 6 1 10. The bills for service on defendant and on Unisource Discovery for medical records 2 | are unavailable, These costs were incurred by plaintiff's prior counsel and | am informed by 3 | plaintiff's prior counscl that the invoices supporting these costs are no longer available, 4 || However, plaintiff’s prior counsel has asserted a lien for these costs (and others) against 5 || plaintiff in this case. 6 T declare under penalty of perjury under the laws of the State of California that the 7 i foregoing is trac and correct. Iixecuted on July 22, 2011, al Walnut Creek, California. Hag Howard R. Melamed, Esq, Wlitied 10 im 12 13 14 16 7 18 19 20 21 22 23 24 25 26 27 28 OPPOSITION TO DETENDANT’S MOUVION POTAX COSTS INVOICE - 1 Parchorella | Invoice Bio. Invoice Date fobNo. | A | REPORTING SERVICE. INC. | 437634 10/25/2016 EXHIBIT 67133 Certified Shorthand Reporters 2ob Date Case No. 2321 StanwellDrive# Concord, C4 94220 7 Phe 2 ¢ (92S)meee seSo2es onde = (9S Ba2g LeeOle2010P01 I Reos-946504 Case Name James Luttrell vs.IslandPacific Supermarkets, Inc. >Melamec = OfficeofHoware Melamed Payment Terms 319 Lennon Lane - — Walnut Creek,CA 94588 Due upon rece:pt r iORIGINAL AND 1 CERTIFIED COPY OFTRANSCRIPT OF: | : Amel Macaspac 99.00 Pages e 3.95 391.05 cul Dey Per Digra 110.¢0 120.00 — Certification - Original 14.03 74.00 Hand Delivery& Handling 20.00 25.00 TOTAL DUE >>> 5535.05 | AFTER 21/14/2010 PAY $588.56 “OR BILLING INQUIRIES PLEASE CALL (925) 685-6222 OR E-MAIL US AT ZancorellaRepcrt@GMAIL.COM. AE NOW ACCEPT 4MEX, MC AND VISA. “OR ALL CREDIT CARD PAYMENTS, PLEASE INCLUDE THE 3 OR 4 DIGIT SECURITY CODE. Law Offices 10:55AM Tx ID: 94-2544145 Phene: $25-S320417 Fax:935-255-0542 Pleasedetachbetconportionandreturnwithpasment. 2011 Jeb No. : 67133 BU ID :1-MalN Jul. 25. INVOICE - 2 Ee ay Invoice A Ne. Invoice Date Job No. REPORTING SERVICE, FNC. 417797 EXHIBIT 11/1/2010 : $7359 Certified Shorthand Reporters Job Date Case 2321 StanwellDrive # Concord, Ca, No. 9420 Ph: (25) 685-6222 « Fax: (925)688-3825 ww, ZandonslaZRS.com 20/29/2010 RGC9-S46504 0192 Case Name No. James Luttrell vs.IslanePacific Supermarkets, Inc. Howard Melamed Law OfficeofHoward Melamed Payment Terms Alm - abu Cesk, CA 94508 Due upon receipt OREGINAL AND 1 CERTIFZED COPY OFTRANSCRIPT OF: José Marcel Ebrendo 55.00 Pages Kel 3.95 221.20 HaltCay 2er Diem 33.00 55.00 Certification -Original 14.00 14.00 ORIGINAL AND 1 CERTIFIED COPY OF TRANSCRIPT OF: Aomes Agané 33.50 Pages a 3.95 142.20 5 Certification - Original 24.00 14.00 Hand Detivery& Handling 20.00 20.00 TOTAL DUE >>> $466.40 APTER 12/1/2010 PAY $513.04 FOR BILLING INQUIRIES PLEASE CALL (9253 685-6222 OR, Offices WAGLUS @ Contacc@ZandonellaZRS.com. NOW ACCEPT AMEX, MC AND VISA, “OR ALL CREDIT CARD PAYMENTS, PLEASE INCLUDE THE 3OR 4DIGIT SECURITY CODE. Law 10:55AM Tax ID: 94-1644145 Phone: 925-932-0417 Fax:925-255-9542 Pleasedetachbostemportion and returnwith payment. 2017 Jab No. 1 GFa5o BY ID iLMAIN 25, Fone Be 2 ORANGRete Jul. INVOICE - 3 inveice No. invoice A Date Job No. AL?SS7 B/21/2010 $6958 EXHIBIT CertifiedShorthandReporters Job Date i Case No. 2321 Starmwell Orive + Concord,Ca $4820 ‘Ph:(©25)685-6222 ¢ Fax:(924) s¢ssaco we ZandonedlalRS.com Sf15/2010 RGOS-946504 0192 Case Name James -utiel!vs.IsiandPacific Supermarkets, Inc. No. Howard Melamed Law OFice ofHoward Melamed Payment Terms 312 Lennon Lane Walnut Creek,CA 94568 Due upon receipt ORIGINSL AND 1 CERTIFIED COPY OF TRANSCRIPT OF: ArnelMacaspac 80.00 Pages 2 3.25 316.00 HaifDay Per Diem 55.00 55.00 Certification - Original 74.00 14,03 Copiesof Exhibits end Tabs 47.40 47.40 : Hend Delivery& Handling 26.00 20.00 : SALES TAX 4.38 TOTAL DUE >>> $456,786 AFTER 10/212010 PAY $502.02 OR BILLING INQUIRIES PLEASE CALL (225) 685-5222 OR EMAIL US AT ZandonellaResort@eMaAlLCoM, “WE HOW ACCEPT AMEX, MC AND VISA, -OR ALL CREDIT CARD PAYMENTS, PLEASE ZNCLUDE THE 3 CR 4 DISTT SECURITY CODE. Law Offices 10:56AM iu Tex ID: 94-1644145 Phore: 925-932-0427 Fax:925-256-9542 Pleasedetsehbottom: a portion andreturnwith apayment. 2017 Job No, > 66958 BU Io vA-MAIN Jul. 25, INVOICE - 4 G eae a Invoice No. | Inveice Date Jab No, A REPORTING SERVICE. IN 418070 LL/E8/2010 57494 EXHIBIT Certified Shorthand Reporters Job Date Case No, 2321 StamwellDrive # Concord,CA 9452 Ph: (925)685-6222 ¢ Fax:(925)s85.3825 www ZandondlaZ RS.com 12/26/2010 RGOS-946504 0192 Case Name James Luttrell vs.IslandPacttic Supermarkets, Inc. No. Reward Melamed Lew OfficeofKeward Melamed Payment Terms 319 Lennen Lene = : ; Walnut Creek,CA 94598 Due upea receizt |CERTIFIED COPY CF TRANSCRIPT OF: Ryan Jones $6.00 Pages = 1.35 128.70 Copies ofExhibits and Tabs 4.50 4.50 Hand Delivery & Handling 20.00 20.05 SALES TAX 0.42 TOTAL BUE >>> $153.62 APTER 12/18/2010 PAY $168.94 FOR BILLING INQUIRIES PLEASE CALL (9253 $85-6222 OR EMAIL US @ Contact@iZardonellaZRS.com. WWENOW ACCEPT AMEX, MC AND VISA. FOR ALL CREDIT CARD PAYMENTS, PLEASE INCLUDE THE 3OR 4 DIGITSECURITY CODE. Law Offices 10:56AM T x ID: 94-1644145 Phone: 925-932-0417 Fax:925-256-9542 Pleasedetcohbottomportion and rena with payment. 2017 Job Ao. 1 67464 BU ID Di-MAIN Jul. 25. INVOICE - 5 U.S.LegalSupport - SF A 280 Mcntgomery Inveice No. Invoice Date Job No. Stree= Sutte2230 EXHIBIT 284761 LPiGyecd2 215C53 San Francisca, CA 34104 Phone:4i8-362-4346 Fex:¢15-202~4495 Job Date . Case No. f2011 Case Name Littrell v.Island7ackicSusermersecs Payment Terms Due upon receist 1 CEATIFIS® COPY GF TRANSCRIPT OF: i Cr.Sania? 402.55 | TOTAL DUE >>> $402.65 — Cniinebill pay avaiable at slesaisuaport.carr. Law Offices 10:56AM P.gase conbect vs “mame: wnquestions or corrections regarding iG cr payrect, Ae adfasiments or refunds wilbemadeetter 120days ‘rom date payments, Tax ID: 76-0535987 Phone: $25.932.0427 Faxr$25.255.9542 2017 ch Pizesedetach tomportionand reiurn withpayment, Jul. 25. INVOICE 6 ta. A - U.S. LegalSupport -SF 185 MontgomeryStas Invoice No. Invoice Date Job No, EXHIBIT Suite2180 284325 Tfrsf2012 213228 Saa Frencisoc, CA 9414 " Phone:425-362-4346 9 Fax:415-362-4495 Job Date Case No. PrsPibe Case Name : . send Pacific Supermarkets termed,M.D. < Melamed Payment Terms i ponenner at Creek,[ane CA gasga 945 Due upen recaipt 1 ! 1 CERTIFIED COPY OF TRANSCRIPT OF: 722.18 TOTAL DUE >>> $722.16 lacleatwe usiegalsupsoré.cem Law Offices 10:56AM questions orcorrecdons segerding bi Cr payment. acjustrecs creinads vi bemadeiter120deys trom dete cf payments. Tax ID: 76-0535987 Phone: S25.932.0¢27 Fax:325.256.9542 2017 Pleasedetachboitemportionaadreturnwithpayment. Jul. 25, INVOICE - 7 U.S.Lega.Suppert -$F A 185 Maatcomery Sreet Invoice Na, Invoice Date Job Mo. EXHIBIT Siite2183 284326 f13/2921 i 215126 San Freaciseo, CA 94104 Prone:¢15-362-4346 Fax:415-362-4495 Job Date Case Na. LU Case Mame Lure. islandPacific Susermarkets Fowarc Melamed, M.2, sew OfficesofHoward Melamed Payment Terms 319 Lenso7 Lene Welrot Creek, Bue upen receipt C4 5455 1 CERTIFIED COSY OF TRANSCRIPT OF: iam Charlesferry F23.25 TOTAL BUE >>> $732.15 , bir:payavellable atwevwusiegaisepoorncem Law Offices 56AM Plezse con‘act usinmedistely with cvesticns cr corectieas regarcing orpeymerit. Naadiustrancs cr refunds wilbemaceafter