MOTION TO TAX COSTS
MOVING PARTY: Plaintiffs Size It, LLC and Mickey Segal
RESPONDING PARTY(S): Defendants ASICS America Corporation, ASICS Corporation, Kevin Wulff, Kenji Sakai, Motoi Oyama and Katsumi Kato
PROOF OF SERVICE:
ANALYSIS
Motion to Tax Costs
As the prevailing party in this litigation [CCP § 1032(a)(4)—defendant as against whom plaintiff does not recovery any relief], Defendant is entitled to recover its costs as a matter of right, as provided in CCP § 1033.5.
Challenging Party Cannot Meet Burden with Bare Objections; Claimant Has Burden as To Costs Improper or Unnecessary On Their Face
Where items of cost are properly objected to . . ., the costs are put in issue, and the burden of proof is on [the party claiming the costs] to establish those costs. (Ibid.) It is not necessary that the [party seeking to tax costs] . . . accompany the motion to tax cost with any affidavit. (Ibid.) Additional oral or written evidence may be submitted when the motion is heard. However
Hearing Date
June 26, 2019
Type
Contractual Fraud (General Jurisdiction)
Status
Jury Verdict 02/08/2019
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MOTION TO TAX COSTS
MOVING PARTY: Plaintiffs Size It, LLC and Mickey Segal
RESPONDING PARTY(S): Defendants ASICS America Corporation, ASICS Corporation, Kevin Wulff, Kenji Sakai, Motoi Oyama and Katsumi Kato
PROOF OF SERVICE:
ANALYSIS
Motion to Tax Costs
As the prevailing party in this litigation [CCP § 1032(a)(4)—defendant as against whom plaintiff does not recovery any relief], Defendant is entitled to recover its costs as a matter of right, as provided in CCP § 1033.5.
Challenging Party Cannot Meet Burden with Bare Objections; Claimant Has Burden as To Costs Improper or Unnecessary On Their Face
Where items of cost are properly objected to . . ., the costs are put in issue, and the burden of proof is on [the party claiming the costs] to establish those costs. (Ibid.) It is not necessary that the [party seeking to tax costs] . . . accompany the motion to tax cost with any affidavit. (Ibid.) Additional oral or written evidence may be submitted when the motion is heard. However