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.
****0714
07/03/2014
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
GREGORY W. ALARCON
ELIZABETH ALLEN WHITE
BONAVIDA ALAIN V.
BONAVIDA ALAIN V. LAW OFFICES OF
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.
BONAVIDA ALAIN V. ESQ.
WHEELER DAVID C. ESQ.
O'LEARY DANIEL M.
8/20/2014: NOTICE OF CASE MANAGEMENT CONFERENCE
11/19/2014: NOTICE OF CHANGE OF ADDRESS
4/6/2015: DECLARATION OF JOSEPH C. FAHS IN SUPPORT OF MOTION TO QUASH SERVICE OF 1ST AMENDED SUMMONS
5/13/2015: ORDER
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]
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
4/11/2016: PLAINTIFF BONAVIDA'S NOTICE OF MOTION AND MOTION STAYING PROCEEDINGS AFFECTED BY DEFENDANT ETC.
6/21/2016: PLAINTIFF BONAVIDA'S REPLY TO FAHS' OPPOSITION TO BONAVIDA'S DEMURRER TO DEFENDANT FAHS' THIRD AMENDED ANSWER; ETC
10/26/2016: RESPONSE TO BONAVIDA'S SEPARATE STATEMENT OF UNDISPUTED AND DISPUTED FACTS
10/27/2016: PLAINTIFF'S NOTICE OF ASSOCIATION OF COUNSEL
11/21/2016: ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE
12/15/2016: DEFENDANT JOSEPH M. FAHS' SEPARATE STATEMENT NO. 2: FORM INTERROGATORY NO. 17.1
3/17/2017: Minute Order
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
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
6/27/2017: NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT FRANK CUTRBERT, JR.
6/27/2017: NOTICE OF ENTRY OF JUDGMENT FOR DEFENDANT DEBRA JACKSON
11/20/2017: PLAINTIFF'S REPLY TO OPPOSITION RE PLAINTIFF'S MOTION TO SET ASIDE DISMISSAL PURSUANT TO CODE OF CIVIL PROCEDURE ?473
Notice of Ruling (AS TO PLAINTIFF'S MARCH 8, 2016 EX PARTE APPLICATION ) Filed by Atty for Plaintiff and Cross-Deft
Opposition Document (DEFENDANT'S MEMORANDUM IN OPPOSITION TO APPLICATION TO SHORTEN TIME AND CONTINUE PROCEEDINGS ) Filed by Attorney for Defendant/Respondent
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
Order (RE PLAINTIFF AND CROSS-DEFT BONAVIDA'S EX PARTE APPLICATION ) Filed by Court
Opposition Document (TO PLAINTIFF'S DEMURRER ) Filed by Attorney for Defendant/Respondent
Reply/Response (FOR JUDICIAL NOTICE ) Filed by Attorney for Plaintiff/Petitioner
Request for Judicial Notice (IN SUPPORT OF FAHS' OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Plaintiff/Petitioner
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
Declaration (OF JOSEPH M. FAHS, IN SUPPORT OF MEMORANDUM IN OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Defendant/Respondent
Declaration (OF BRADLEY E. BROOK IN SUPPORT OF MEMORANDUM IN OPPOSITION TO ALAIN BONAVIDA'S MSA ) Filed by Attorney for Defendant/Respondent
Order-Case Management Filed by Court
Statement-Case Management Filed by Atty for Defendant and Cross-Compl
Statement-Case Management Filed by Attorney for Plaintiff/Petitioner
Notice-Case Management Conference Filed by Clerk
Request to Enter Default (IS REJECTED AS JOSEPH #1. ANS. FILED ON 8-15-14 ) Filed by Attorney for Pltf/Petnr
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
Notice-Case Management Conference Filed by Clerk
Proof of Service Filed by Attorney for Plaintiff/Petitioner
Notice-Related Cases (BC375824 GEORGES MARCIANO, ET AL. V. FAHS, ETAL D-48 ) Filed by Attorney for Plaintiff/Petitioner
Complaint
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).