This case was last updated from Los Angeles County Superior Courts on 03/28/2016 at 02:36:23 (UTC).

ALAIN BONAVIDA VS JOSEPH M. FAHS

Case Summary

On 07/03/2014 ALAIN BONAVIDA filed a Contract - Other Contract lawsuit against JOSEPH M FAHS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are GREGORY W. ALARCON and ELIZABETH ALLEN WHITE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0714

  • Filing Date:

    07/03/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

GREGORY W. ALARCON

ELIZABETH ALLEN WHITE

 

Party Details

Plaintiffs and Petitioners

BONAVIDA ALAIN V.

BONAVIDA ALAIN V. LAW OFFICES OF

Defendants and Respondents

DOES 1 - 20

FAHS JOSEPH M.

CUTHBERT FRANK - DOE 5

FAHS JAMILA B.

FAHS BRADLEY - DOE 4

JACKSON JAMILA B. - DOE 3

CUTHBERT JR. FRANK - DOE 7

FAHS JOSEPH C. - DOE 1

JACKSON DEBRA - DOE 6

FAHS BESALA C. - DOE 2

FAHS BESALA B.

Attorney/Law Firm Details

Plaintiff Attorney

BONAVIDA ALAIN V. ESQ.

Defendant and Respondent Attorneys

WHEELER DAVID C. ESQ.

O'LEARY DANIEL M.

 

Court Documents

NOTICE OF CASE MANAGEMENT CONFERENCE

8/20/2014: NOTICE OF CASE MANAGEMENT CONFERENCE

NOTICE OF CHANGE OF ADDRESS

11/19/2014: NOTICE OF CHANGE OF ADDRESS

DECLARATION OF JOSEPH C. FAHS IN SUPPORT OF MOTION TO QUASH SERVICE OF 1ST AMENDED SUMMONS

4/6/2015: DECLARATION OF JOSEPH C. FAHS IN SUPPORT OF MOTION TO QUASH SERVICE OF 1ST AMENDED SUMMONS

ORDER

5/13/2015: ORDER

NOTICE OF MOTION AND MOTION FOR HEARING TO CONTINUE TRIAL AND DISCOVERY CUTOFF DATES;; DECLARATIONS OF DAVID C. WHEELER AND JOSEPH FAHS [ACCOMPANIED BY REQUEST FOR JUDICIAL NOTICE]

8/20/2015: NOTICE OF MOTION AND MOTION FOR HEARING TO CONTINUE TRIAL AND DISCOVERY CUTOFF DATES;; DECLARATIONS OF DAVID C. WHEELER AND JOSEPH FAHS [ACCOMPANIED BY REQUEST FOR JUDICIAL NOTICE]

ALAIN V. BONAVIDA'S REPLY TO JOSEPH FAHS' OPPOSITION TO ALAIN V. BONAVJDA'S MOTION FOR SUMMARY JUDGMENT ON FAHS' ANSWER TO FIRST AMENDED COMPLAINT

9/18/2015: ALAIN V. BONAVIDA'S REPLY TO JOSEPH FAHS' OPPOSITION TO ALAIN V. BONAVJDA'S MOTION FOR SUMMARY JUDGMENT ON FAHS' ANSWER TO FIRST AMENDED COMPLAINT

PLAINTIFF BONAVIDA'S NOTICE OF MOTION AND MOTION STAYING PROCEEDINGS AFFECTED BY DEFENDANT ETC.

4/11/2016: PLAINTIFF BONAVIDA'S NOTICE OF MOTION AND MOTION STAYING PROCEEDINGS AFFECTED BY DEFENDANT ETC.

PLAINTIFF BONAVIDA'S REPLY TO FAHS' OPPOSITION TO BONAVIDA'S DEMURRER TO DEFENDANT FAHS' THIRD AMENDED ANSWER; ETC

6/21/2016: PLAINTIFF BONAVIDA'S REPLY TO FAHS' OPPOSITION TO BONAVIDA'S DEMURRER TO DEFENDANT FAHS' THIRD AMENDED ANSWER; ETC

RESPONSE TO BONAVIDA'S SEPARATE STATEMENT OF UNDISPUTED AND DISPUTED FACTS

10/26/2016: RESPONSE TO BONAVIDA'S SEPARATE STATEMENT OF UNDISPUTED AND DISPUTED FACTS

PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL

10/27/2016: PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL

ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

11/21/2016: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE

DEFENDANT JOSEPH M. FAHS' SEPARATE STATEMENT NO. 2: FORM INTERROGATORY NO. 17.1

12/15/2016: DEFENDANT JOSEPH M. FAHS' SEPARATE STATEMENT NO. 2: FORM INTERROGATORY NO. 17.1

Minute Order

3/17/2017: Minute Order

PROOF OF SERVICE OF MOTIONS IN LIMINE NOS. 1 - 7, DECLARATIONS OF JOSEPH M. FAHS AND DAVID C. WHEELER, AND REQUEST FOR JUDICIAL NOTICE

3/28/2017: PROOF OF SERVICE OF MOTIONS IN LIMINE NOS. 1 - 7, DECLARATIONS OF JOSEPH M. FAHS AND DAVID C. WHEELER, AND REQUEST FOR JUDICIAL NOTICE

DEFENDANT'S MOTION IN LIMINE NO. 5: TO BIFURCATE TRIAL OF PUNITIVE DAMAGES AND FINANCIAL CONDITION AND PRECLUDE EVIDENCE OR ARGUMENT OF FINANCIAL CONDITION UNLESS JURY FINDS FRAUD, MALICE, OR OPPRESSI

3/28/2017: DEFENDANT'S MOTION IN LIMINE NO. 5: TO BIFURCATE TRIAL OF PUNITIVE DAMAGES AND FINANCIAL CONDITION AND PRECLUDE EVIDENCE OR ARGUMENT OF FINANCIAL CONDITION UNLESS JURY FINDS FRAUD, MALICE, OR OPPRESSI

NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT FRANK CUTRBERT, JR.

6/27/2017: NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT FRANK CUTRBERT, JR.

NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT DEBRA JACKSON

6/27/2017: NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT DEBRA JACKSON

PLAINTIFF'S REPLY TO OPPOSITION RE PLAINTIFF'S MOTION TO SET ASIDE DISMISSAL PURSUANT TO CODE OF CIVIL PROCEDURE ?473

11/20/2017: PLAINTIFF'S REPLY TO OPPOSITION RE PLAINTIFF'S MOTION TO SET ASIDE DISMISSAL PURSUANT TO CODE OF CIVIL PROCEDURE ?473

305 More Documents Available

 

Docket Entries

  • 03/09/2016
  • Notice of Ruling (AS TO PLAINTIFF'S MARCH 8, 2016 EX PARTE APPLICATION ) Filed by Atty for Plaintiff and Cross-Deft

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  • 03/08/2016
  • Opposition Document (DEFENDANT'S MEMORANDUM IN OPPOSITION TO APPLICATION TO SHORTEN TIME AND CONTINUE PROCEEDINGS ) Filed by Attorney for Defendant/Respondent

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  • 03/08/2016
  • Ex-Parte Application (1) ORDER SHORTENING TIME FOR HEARING ON MOTION STAYING PROCEEDINGS AFFECTED BY DEFENDANT FAHS' PENDING APPEAL AND 2) CONTINUACE OF PENDING HEARINGS AT LEAST UNTIL MOTION FOR STAY DUE) Filed by Attorney for Plaintiff/Petitioner

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  • 03/08/2016
  • Order (RE PLAINTIFF AND CROSS-DEFT BONAVIDA'S EX PARTE APPLICATION ) Filed by Court

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  • 03/08/2016
  • Opposition Document (TO PLAINTIFF'S DEMURRER ) Filed by Attorney for Defendant/Respondent

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  • 03/08/2016
  • Reply/Response (FOR JUDICIAL NOTICE ) Filed by Attorney for Plaintiff/Petitioner

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  • 03/07/2016
  • Request for Judicial Notice (IN SUPPORT OF FAHS' OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Plaintiff/Petitioner

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  • 03/07/2016
  • Objection Document (TO DECLARATION OF ALAIN V. BONAVIDA, SUBMITTED IN OPPOSITION TO MOTION OF ALAIN BONAVIDA FOR MSA AS TO PLAITNFF BONAVIDA'S FAC - CAUSE OF ACTION NOS. 1, 2, 6, 7 AND 8) Filed by Attorney for Defendant/Respondent

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  • 03/07/2016
  • Declaration (OF JOSEPH M. FAHS, IN SUPPORT OF MEMORANDUM IN OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Defendant/Respondent

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  • 03/07/2016
  • Declaration (OF BRADLEY E. BROOK IN SUPPORT OF MEMORANDUM IN OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Defendant/Respondent

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98 More Docket Entries
  • 11/10/2014
  • Order-Case Management Filed by Court

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  • 10/28/2014
  • Statement-Case Management Filed by Atty for Defendant and Cross-Compl

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  • 10/24/2014
  • Statement-Case Management Filed by Attorney for Plaintiff/Petitioner

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  • 08/20/2014
  • Notice-Case Management Conference Filed by Clerk

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  • 08/18/2014
  • Request to Enter Default (IS REJECTED AS JOSEPH #1. ANS. FILED ON 8-15-14 ) Filed by Attorney for Pltf/Petnr

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  • 08/15/2014
  • Answer to Complaint (FOR DECLARATORY RELIEF, BREACH OF WRITTEN CONTRACT, FRAUD, NEGLIGENT MISREPRESENTATION, CONSTRUCTIVE FRAUD, ACCOUNT STATED, OPEN BOOK ACCOUNT, AND BREACH OF COVENANT OF GOOD FAITH) Filed by Attorney for Defendant/Respondent

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  • 08/15/2014
  • Notice-Case Management Conference Filed by Clerk

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  • 07/31/2014
  • Proof of Service Filed by Attorney for Plaintiff/Petitioner

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  • 07/22/2014
  • Notice-Related Cases (BC375824 GEORGES MARCIANO, ET AL. V. FAHS, ETAL D-48 ) Filed by Attorney for Plaintiff/Petitioner

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  • 07/03/2014
  • Complaint

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Tentative Rulings

Case Number: BC550714    Hearing Date: December 17, 2019    Dept: 48

MOTION TO TAX COSTS

MOVING PARTY Plaintiff Alain V. Bonavida dba Law Offices of Alain V. Bonavida

RESPONDING PARTY(S): Defendant Joseph M. Fahs

PROOF OF SERVICE:

ANALYSIS:

Motion to Tax Costs

Plaintiff Alain V. Bonavida dba Law Offices of Alain V. Bonavida moves to tax the costs claimed by Defendant Joseph M. Fahs on the ground that no Memorandum of Costs Worksheet detailing the breakdown of the costs was provided. The Memorandum of Costs seeks $1,587.18 in filing and motion fees (Item No. 1) and $150 in jury fees (Item No. 2).

Initial verification will suffice to establish the reasonable necessity of the costs claimed. There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum [of costs]. Only if the costs have been put in issue via a motion to tax costs must supporting documentation be submitted. (Citation omitted.) Once this occurs, the issue becomes whether the required documentation must be of evidentiary quality. Rule 870(a)(1) does not specify the type of documentation required.

Jones v. Dumrichob (1998) 63 Cal.App.4th 1258, 1267 (bold emphasis added).

In the opposition, Fahs identifies the costs being sought. The motion to tax costs is GRANTED as to the following costs:

u $278.11 (June 8, 2017) in court service for printing, assembling and filing demurrer and RJN; $150 (July 20, 2017) in court service to file reply; $354.04 (October 6, 2017) charged by court service to print, assemble and file demurrer and RJN; $64.00 (October 11, 2017) charged by court service to deposit jury fees; $49.00 (November 8, 2017) charged by court service to file reply in support of demurrer; $79.52 in unsupported costs. TOTAL = $974.67.

These appear to be photocopying and messenger fees which are not under CCP § 1033.5(a) & (b). To the extent such costs are permissible in the Court’s discretion, the Court exercises its discretion to deny recovery of such costs. CCP § 1033.5(c)(4).

The motion to tax is DENIED as to the following costs:

u $435.00 first filing fee; $60 filing fee for demurrer; $60 filing fee for demurrer to first amended complaint; $10.50 to fax file case management statement; $10.50 to fax file supplemental case management statement; $10.50 to fax-file notice of entry of order on November 27, 2017; $10.50 to fax-file notice of entry of judgment on November 29, 2017; $10.50 to fax-file memorandum of costs. TOTAL = $607.50.

The motion to tax Item No. 2 (jury fees--$150.00) is DENIED.

These appear to be filing and motion fees recoverable pursuant to CCP § 1033.5(a)(1).