On 01/22/2013 HIRAM ASH filed a Personal Injury - Motor Vehicle lawsuit against ANNEDORE PICK. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RICHARD E. RICO, SAMANTHA P. JESSNER, TERESA A. BEAUDET and JON R. TAKASUGI. The case status is Disposed - Judgment Entered.
****9614
01/22/2013
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
RICHARD E. RICO
SAMANTHA P. JESSNER
TERESA A. BEAUDET
JON R. TAKASUGI
ASH HIRAM
PICK ANNE
PICK ANNEDORE
PICK HAROLD
PICK ANNEDORE AKA ANNE PICK
GUEVARA ROBERT
FERN JOSEPH J. ESQ.
KWAN EDWARD MICHAEL ESQ.
KWAN EDWARD MICHAEL
9/25/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - APPEAL - NTC DESIGNATING RECORD OF APPEAL APP-003/010/103 "U"
11/26/2013: NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING FURTHER ANSWERS TO FORM INTERROGATORIES (SET I) TO HAROLD PICK AND FOR SAI.JCT1ONS DECCLARATION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
11/26/2013: SEPARATE STATEMENT RE: FORM [NTERROGATORY SET I TO HAROLD PICK
1/8/2014: NOTICE RE: CONTINUANCE OF HEARING
1/17/2014: OPPOSITION TO MOTION TO STRIKE PORTIONS OF 1ST AMENDED COMPLAINT (FILED W[TH CONCURRENT OPPOSITION TO DEFENDANTS? DEMURRER TO COMPLAINFL
1/30/2014: OBJECTION / REPLY TO OPPOSITION TO DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
2/4/2014: OPPOSITION TO PLAINTIFF?S MOTION FOR ORDER COMPELLING FURTHER ANSWERS TO INSPECTION DEMAND (SET I) TO ANNEDOR PICK AND HAROLD PICK AND FOR SANCTIONS; REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF H
3/5/2014: AMENDMENT TO FIRST AMENDED COMPLAINT
3/11/2014: Minute Order -
11/21/2014: Minute Order -
3/17/2015: Minute Order -
9/16/2015: TENTATIVE RULING
10/26/2015: Minute Order -
8/11/2016: REPLY TO OPPOSITION TO MOTION FOR ORDER PERMITTING FILING OF AMENDMENT AND/OR SUPPLEMENT TO COMPLAINT; ETC.
10/17/2016: DECLARATJON AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL. (CCP 659A) & SUGGESTION FOR COURT'S OWN MOTION FOR JNOV (CCP 629)
10/26/2016: SUPPLEMENTAL DECLARATION AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL, (CCP 659A)
11/7/2016: REPLY TO DEFENDANTS? OPPOSITON TO MOTION FOR NEW TRIAL
11/9/2016: Minute Order -
DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal (9/1/20 B307419); Filed by Clerk
DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript (;B307419, NOA 9/1/20;); Filed by Clerk
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 ("U"); Filed by Hiram Ash (Appellant)
DocketAppeal - Notice of Default Issued ("U"); Filed by Clerk
DocketAbstract of Judgment - Civil and Small Claims; Filed by Annedore Pick (Defendant); Harold Pick (Defendant)
DocketCertificate of Mailing for ([Order on Court Fee Waiver (Superior Court)]); Filed by Clerk
DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk
DocketNotice of Rejection - Post Judgment; Filed by Clerk
DocketNotice (Withdrawal of Memorandum of Costs on Appeal Filed January 8, 2020 and Waiver of Appeal Costs Awarded on July 1, 2020, Pursuant to Denial of Plaintiff's Motion to Strike and/or Tax Defendants' Memorandum of Costs); Filed by Annedore Pick (Defendant); Harold Pick (Defendant)
DocketAppeal - Notice of Filing of Notice of Appeal ("U"); Filed by Clerk
DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk
DocketORDER ON COURT FEE WAIVER
DocketSummons; Filed by Hiram Ash (Plaintiff)
DocketSUMMONS
Docketat 1:31 PM in Department Legacy; Unknown Event Type
DocketOrder on Court Fee Waiver After Hearing (Superior Court); Filed by Court
DocketORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)
DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk
DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)
DocketComplaint; Filed by Hiram Ash (Plaintiff)
Case Number: BC499614 Hearing Date: July 01, 2020 Dept: 17
SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
DEPARTMENT 72
TENTATIVE RULING
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HIRAM ASH
Plaintiff,
vs.
ANNEDORE PICK AKA ANNE PICK; HAROLD PICK
Defendants.
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Case No.: BC499614
Hearing Date: July 1, 2020 |
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Plaintiff’s motion to tax costs is DENIED.
On January 22, 2013, Plaintiff Hiram Ash (Plaintiff) filed suit against Annedore Pick aka Anne Pick and Harold Pick (Defendants). On March 5, 2014, Plaintiffs filed a second amended complaint (SAC) alleging general negligence.
On August 23, 2016, a jury trial was held. The jury found in Defendant’s favor. On February 2, 2017, Plaintiff filed a notice of appeal. Defendant was the prevailing party on appeal, and the Court of Appeals issued a remittitur on January 6, 2020 specifying that Defendant was entitled to costs.
Plaintiff now moves to tax costs from Defendant’s memorandum of costs.
Legal Standard
California Rule of Court 8.278 provides:
(a) Award of costs
(1) Except as provided in this rule, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal.
(2) The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety.
Discussion
California Rule of Court 8.278, subdivision (c) provides:
(1)
Plaintiff argues that Defendant’s memorandum of costs is void because it was not served on Plaintiff. Plaintiff represented himself in pro per on appeal, yet Defendant served his former counsel of record with the memorandum of costs.
In opposition, Defendant clarifies that in November 2019, Defendant’s counsel received a Notice of Attorney Representation from Robert Guevara, the attorney who represented Plaintiff in the trial court. (Albarian Decl., Exh. A.) Defendant served the cost bill on Mr. Guevara on January 8, 2020. However, after receiving notice of the instant motion, Defendant served Plaintiff directly with the appeals cost bill on January 28, 2020. (Albarian Decl., Exh. D.)
Pursuant to California Rule of Court 8.278, subdivision (c)(1), Defendant had 40 days after the remittitur was issued on January 6, 2020 to claim costs as the prevailing party on appeal. Defendant’s proofs of service show that Robert Guevara was served with notice of the cost bill on January 8, 2020, and Plaintiff was served on January 28, 2020. As a result, even putting aside the question of whether Robert Guevara represented Plaintiff at the time the remittitur was issued, Plaintiff was directly served within the 40-day period. Accordingly, Defendant did not fail to effect proper service of its memorandum of costs of appeal.
Based on the foregoing, Plaintiff’s motion to tax costs is denied.
It is so ordered.
Dated: July 1, 2020
Hon. Jon R. Takasugi
Superior Court Judge
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