This case was last updated from Los Angeles County Superior Courts on 01/14/2021 at 04:45:26 (UTC).

HIRAM ASH VS ANNEDORE PICK ET AL

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9614

  • Filing Date:

    01/22/2013

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Motor Vehicle

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RICHARD E. RICO

SAMANTHA P. JESSNER

TERESA A. BEAUDET

JON R. TAKASUGI

 

Party Details

Plaintiff, Petitioner and Appellant

ASH HIRAM

Defendants and Respondents

PICK ANNE

PICK ANNEDORE

PICK HAROLD

PICK ANNEDORE AKA ANNE PICK

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

GUEVARA ROBERT

Defendant and Respondent Attorneys

FERN JOSEPH J. ESQ.

KWAN EDWARD MICHAEL ESQ.

Other Attorneys

KWAN EDWARD MICHAEL

 

Court Documents

Appeal - Ntc Designating Record of Appeal APP-003/010/103 - APPEAL - NTC DESIGNATING RECORD OF APPEAL APP-003/010/103 "U"

9/25/2020: Appeal - Ntc Designating Record of Appeal APP-003/010/103 - APPEAL - NTC DESIGNATING RECORD OF APPEAL APP-003/010/103 "U"

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: 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

SEPARATE STATEMENT RE: FORM [NTERROGATORY SET I TO HAROLD PICK

11/26/2013: SEPARATE STATEMENT RE: FORM [NTERROGATORY SET I TO HAROLD PICK

NOTICE RE: CONTINUANCE OF HEARING

1/8/2014: NOTICE RE: CONTINUANCE OF HEARING

OPPOSITION TO MOTION TO STRIKE PORTIONS OF 1ST AMENDED COMPLAINT (FILED W[TH CONCURRENT OPPOSITION TO DEFENDANTS? DEMURRER TO COMPLAINFL

1/17/2014: OPPOSITION TO MOTION TO STRIKE PORTIONS OF 1ST AMENDED COMPLAINT (FILED W[TH CONCURRENT OPPOSITION TO DEFENDANTS? DEMURRER TO COMPLAINFL

OBJECTION / REPLY TO OPPOSITION TO DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

1/30/2014: OBJECTION / REPLY TO OPPOSITION TO DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

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

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

AMENDMENT TO FIRST AMENDED COMPLAINT

3/5/2014: AMENDMENT TO FIRST AMENDED COMPLAINT

Minute Order -

3/11/2014: Minute Order -

Minute Order -

11/21/2014: Minute Order -

Minute Order -

3/17/2015: Minute Order -

TENTATIVE RULING

9/16/2015: TENTATIVE RULING

Minute Order -

10/26/2015: Minute Order -

REPLY TO OPPOSITION TO MOTION FOR ORDER PERMITTING FILING OF AMENDMENT AND/OR SUPPLEMENT TO COMPLAINT; ETC.

8/11/2016: REPLY TO OPPOSITION TO MOTION FOR ORDER PERMITTING FILING OF AMENDMENT AND/OR SUPPLEMENT TO COMPLAINT; ETC.

DECLARATJON AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL. (CCP 659A) & SUGGESTION FOR COURT'S OWN MOTION FOR JNOV (CCP 629)

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)

SUPPLEMENTAL DECLARATION AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL, (CCP 659A)

10/26/2016: SUPPLEMENTAL DECLARATION AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL, (CCP 659A)

REPLY TO DEFENDANTS? OPPOSITON TO MOTION FOR NEW TRIAL

11/7/2016: REPLY TO DEFENDANTS? OPPOSITON TO MOTION FOR NEW TRIAL

Minute Order -

11/9/2016: Minute Order -

183 More Documents Available

 

Docket Entries

  • 01/08/2021
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal (9/1/20 B307419); Filed by Clerk

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  • 12/14/2020
  • DocketAppeal - Notice Court Reporter to Prepare Appeal Transcript (;B307419, NOA 9/1/20;); Filed by Clerk

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  • 09/25/2020
  • DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103 ("U"); Filed by Hiram Ash (Appellant)

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  • 09/22/2020
  • DocketAppeal - Notice of Default Issued ("U"); Filed by Clerk

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  • 09/21/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Annedore Pick (Defendant); Harold Pick (Defendant)

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  • 09/18/2020
  • DocketCertificate of Mailing for ([Order on Court Fee Waiver (Superior Court)]); Filed by Clerk

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  • 09/17/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 09/14/2020
  • DocketNotice of Rejection - Post Judgment; Filed by Clerk

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  • 09/04/2020
  • 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)

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  • 09/03/2020
  • DocketAppeal - Notice of Filing of Notice of Appeal ("U"); Filed by Clerk

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381 More Docket Entries
  • 02/27/2013
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 02/25/2013
  • DocketORDER ON COURT FEE WAIVER

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  • 02/15/2013
  • DocketSummons; Filed by Hiram Ash (Plaintiff)

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  • 02/15/2013
  • DocketSUMMONS

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  • 02/14/2013
  • Docketat 1:31 PM in Department Legacy; Unknown Event Type

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  • 02/14/2013
  • DocketOrder on Court Fee Waiver After Hearing (Superior Court); Filed by Court

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  • 02/14/2013
  • DocketORDER ON COURT FEE WAIVER AFTER HEARING (SUPERIOR COURT)

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  • 01/25/2013
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 01/22/2013
  • DocketCOMPLAINT-PERS. INJURY, PROP DAMAGE, WRONGFUL DEATH (2 PAGES)

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  • 01/22/2013
  • DocketComplaint; Filed by Hiram Ash (Plaintiff)

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Tentative Rulings

Case Number: BC499614    Hearing Date: July 01, 2020    Dept: 17

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

HIRAM ASH

Plaintiff,

vs.

ANNEDORE PICK AKA ANNE PICK; HAROLD PICK

Defendants.

Case No.: BC499614

Hearing Date: July 1, 2020

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

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.

Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.