This case was last updated from Los Angeles County Superior Courts on 05/07/2019 at 14:41:31 (UTC).

JOHN ANDERSON, ET AL VS GLENN COHEN, ET AL

Case Summary

On 06/13/2016 JOHN ANDERSON filed an Other - Declaratory Judgment lawsuit against GLENN COHEN. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judges overseeing this case are LAURA A. MATZ, MICHAEL S. MINK and CURTIS A. KIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5419

  • Filing Date:

    06/13/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Declaratory Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Burbank Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

LAURA A. MATZ

MICHAEL S. MINK

CURTIS A. KIN

 

Party Details

Plaintiffs and Cross Defendants

ANDERSON DONNA

ANDERSON JOHN

Defendant and Cross Plaintiff

COHEN GLENN

Attorney/Law Firm Details

Plaintiff Attorneys

ANDERHOLT J. JOHN III

ANDERHOLT JOSEPH JOHN III

Defendant and Cross Plaintiff Attorneys

TAWNYA L. GILREATH ESQ.

GILREATH TAWNYA L. ESQ.

 

Court Documents

Notice of Case Management Conference

6/13/2016: Notice of Case Management Conference

Unknown

7/18/2016: Unknown

Unknown

7/18/2016: Unknown

Unknown

7/19/2016: Unknown

Brief

8/26/2016: Brief

Unknown

9/13/2016: Unknown

Application

9/15/2016: Application

Cross-Complaint

11/23/2016: Cross-Complaint

Unknown

6/6/2017: Unknown

Opposition

7/10/2017: Opposition

Unknown

8/7/2017: Unknown

Unknown

8/7/2017: Unknown

Unknown

8/14/2017: Unknown

Unknown

9/27/2017: Unknown

Minute Order

12/6/2017: Minute Order

Notice of Ruling

12/7/2017: Notice of Ruling

Unknown

8/30/2018: Unknown

Reply

4/30/2019: Reply

96 More Documents Available

 

Docket Entries

  • 04/30/2019
  • Notice of Lodging (Original Deposition Transcript); Filed by GLENN COHEN (Defendant)

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  • 04/30/2019
  • Reply (to Plaintiff's Opposition to Defendant Cohen's Motion for Summary Judgment or Alternatively for Summary Adjudication); Filed by GLENN COHEN (Defendant)

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  • 04/30/2019
  • Objection (to Evidence in Support of Plaintiff's Opposition to Motion for Summary Judgment or Alternatively for Summary Adjudication); Filed by GLENN COHEN (Defendant)

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  • 02/25/2019
  • at 09:00 AM in Department E, Curtis A. Kin, Presiding; Trial - Not Held - Continued - Court's Motion

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  • 02/19/2019
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 02/08/2019
  • Notice (Notice of Case Re-Assignment); Filed by JOHN ANDERSON (Plaintiff); DONNA ANDERSON (Plaintiff)

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  • 02/01/2019
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 01/28/2019
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 11/30/2018
  • at 08:30 AM in Department E, Curtis A. Kin, Presiding; Hearing on Motion for Summary Judgment - Not Held - Continued - Party's Motion

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  • 11/09/2018
  • Certificate of Mailing for ([Minute Order (Non-Appearance Case Review)]); Filed by Clerk

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199 More Docket Entries
  • 06/15/2016
  • Ex-Parte Application; Filed by JOHN ANDERSON (Plaintiff); DONNA ANDERSON (Plaintiff)

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  • 06/14/2016
  • Notice of Rejection - Fax Filing

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  • 06/13/2016
  • Summons Filed

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  • 06/13/2016
  • Complaint filed-Summons Issued

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  • 06/13/2016
  • Notice (of oSC)

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  • 06/13/2016
  • Notice of Case Assignment - Unlimited Civil Case

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  • 06/13/2016
  • Civil Case Cover Sheet

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  • 06/13/2016
  • Complaint filed-Summons Issued; Filed by null

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  • 06/13/2016
  • Summons; Filed by null

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  • 06/13/2016
  • Notice of Case Management Conference

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Tentative Rulings

Case Number: EC065419    Hearing Date: January 31, 2020    Dept: E

(1) DEFENDANT’S MOTION FOR EXPENSES OF PROOF

[CCP § 2033.420]

(2) PLAINTIFFS’ MOTION TO TAX COSTS

[CRC 3.1700(b)]

Date: 1/31/20

Case: Anderson, et al. v. Cohen, et al. (EC 065419)

TENTATIVE RULING:

I. DEFENDANT’S MOTION FOR EXPENSES OF PROOF

Defendant Glenn Cohen’s Motion for Order requiring Plaintiff to Pay Expenses of Proof under CCP §2033.420 is DENIED. As argued in the motion, the Requests for Admission that plaintiff denied pertain to two issues: (1) whether plaintiff had an ownership interest in the Media Library in 2012; and (2) whether plaintiff’s claimed damages were proximately caused by Cohen.

As to Issue No. 1, the Court made no determination in its May 10, 2019 minute order granting defendant’s motion for summary judgment whether plaintiff had an ownership interest in the Media Library in May 2012. Rather, the Court found that any interest plaintiff had in the Media Library was extinguished on January 16, 2018, when the Media Library was purchased at the warehouseman’s lien sale. Thus, plaintiff may have had a good faith basis to claim plaintiff had an ownership interest in the Media Library six years early. Certainly, it was not proven otherwise to this Court. Nor, in any event, does it appear to have been an issue of substantial importance, given that the disposition of the case ultimately turned on plaintiff’s loss of ownership interest on January 16, 2018. Defendant Cohen therefore cannot avail himself of CCP §2033.420 with respect to plaintiff’s failure to admit that plaintiff had no ownership interest in the Media Library in 2012.

As to Issue No. 2, the Court notes that plaintiff refused to admit that any damages were proximately caused by defendant Glen Cohen on January 8, 2018. As noted above, the Court found that plaintiff could not have suffered any alleged damages once the Media Library had been sold and plaintiff’s rights thereto extinguished on January 16, 2018. Thus, plaintiff’s January 8, 2018 denial was not necessarily untrue when made, and there may have been a good faith basis to believe Cohen had been the cause of damage to plaintiff on that date. Certainly, defendant has not proven otherwise to the satisfaction of the Court. Moreover, the key to whether plaintiff had suffered any compensable damages was the sale of the Media Library and resulting loss of plaintiff’s rights in that property on January 16, 2018. Whether or not plaintiff possessed some other good faith theory of damages on January 8, 2018 does not seem to be an issue of substantial importance. Defendant Cohen therefore cannot avail himself of CCP §2033.420 with respect to plaintiff’s failure to admit all damages had not been proximately caused by defendant Cohen.

II. PLAINTIFF’S MOTION TO TAX COSTS

Plaintiff Donna Anderson’s Motion to Tax Costs is GRANTED IN PART.

With respect to Items 1 and 10 in the Memorandum of Costs, the fees and filing fee associated with the Motion for Order requiring Plaintiff to Pay Expenses or Proof are recoverable under CCP § 2033.420. With respect to Item 4, as a matter of standard course, defendants are entitled to depose plaintiffs.

With respect to Item 12, defendant seeks to recover costs associated with the exhibits for the Request for Judicial Notice and evidence in support of the Motion for Summary Judgment. The Request for Judicial Notice was 221 pages. The Evidence in Support of the Motion for Summary Judgment was 288 pages. Both these documents were served on plaintiff’s counsel and Daxi Media LLC. Including the copy filed with the Court and a copy for defendant’s counsel, plaintiff copied 2,036 pages for these exhibits. Considering that photocopies are typically $0.10 per page, plaintiff should have paid $203.60, not $351.20. Defendant did not include any invoice supporting the claimed cost of $351.20. Thus, as to Item 12, the motion is GRANTED in the amount of $147.60. Defendant is entitled to recover only $203.60 in costs for photocopies of exhibits.

With respect to Item 16, as to the $105.76 sought for messenger/delivery service fees, “[m]essenger fees are not expressly authorized by statute, but may be allowed in the discretion of the court.” (Nelson v. Anderson (1999) 72 Cal.App.4th 111, 132.) However, the costs in the Memorandum of Costs appear to be costs for postage. Postage is expressly disallowed under CCP § 1033.5(b)(3). As to $1,047.99 claimed for legal research, “[f]ees for legal research, computer or otherwise, may not be recovered under section 1033.5,” because CCP § 1033.5(b)(2) prohibits “[i]nvestigation expenses in preparing the case for trial.” (Ladas v. California State Auto. Assn. (1993) 19 Cal.App.4th 761, 776.) Defendant is, however, entitled to recover $86.00 for the CourtCall fee, which was reasonably necessary to the conduct of the litigation. (Gilreath Decl. ¶ 6; CCP § 1033.5(c)(2).) Thus, as to Item 16, the motion is GRANTED in the amount of $1,153.75.

In summary, the Memorandum of Costs is taxed in the amount of $1,301.35. Defendant Glenn Cohen is entitled to $2,866.85 in costs ($4,168.20 claimed minus $1,301.35 taxed herein).