ALAIN BONAVIDA VS JOSEPH M. FAHS

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:

• Correct Address: Yes.
• 16/21 (CCP § 1005(b)): OK. Served by mail on December 28, 2017; re-set for hearing per ?

• GRANT motion to tax costs in part as to Item No. 1 in the amount of $974.67;
• DENY motion to tax costs in part as to Item No. 1 in the amount of $607.50;
• DENY motion to tax costs as to Item No. 2.

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).