On 02/19/2016 RON HACKER filed a Property - Other Real Property lawsuit against AMERICAN HOME MORTGAGE SERVICING INC ET. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are JOANNE O'DONNELL, TERESA A. BEAUDET and ELIZABETH ALLEN WHITE. The case status is Disposed - Dismissed.
****0795
02/19/2016
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JOANNE O'DONNELL
TERESA A. BEAUDET
ELIZABETH ALLEN WHITE
1713 STEARNS LAVERNE FAMILY TRUST
HACKER RON
WESTERN PROGRESSIVE LLC
DOES 1-100
AMERICAN HOME MORTGAGE SERVICING INC.
OCWEN LOAN SERVICING LLC
GREEN LINDA
DOC X
HOMEWARD RESIDENTIAL INC.
DEUTSCHE BANK NATIONAL TRUST COMPANY
DOE 3 - LORRAINE BROWN
BROWN LORRAINE
DOE 2 - VICKI POSPISIL
POSPISIL VICKI
DOE 1 - SAN CANYON CORPORATION FKA
HOMEWARD RESIDENTIAL INC. FKA AMERICAN HOME MORTGAGE SERVICING INC.
X DOC
SAND CANYON CORPORATION FKA OPTION ONE MORTGAGE
UNDERDAHL EUGENE
LAW OFFICES OF LALEH ENSAFI
CHASE DANNY
QUIGG VINCENT J
FINLAY T. ROBERT ESQ.
HASSEN MICHAEL J.
DOYLE CHRISTOPHER H.
FINLAY THOMAS ROBERT
11/16/2018: Minute Order
2/26/2019: Minute Order
5/16/2019: Opposition
4/6/2016: FIRST AMENDED COMPLAINT FOR: 1. BREACH OF WRITTEN CONTRACTS; ETC.
5/11/2016: NOTICE OF MOTION AND MOTION FOR ORDER TO COMPEL ATTENDANCE OF DEFENDANT BRANDY BERNS AT DEPOSITION AND ETC.
5/17/2016: NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
5/24/2016: NOTICE OF MOTION AND MOTION FOR ORDER TO COMPEL ATTENDANCE OF DALE SUGIMOTO AT DEPOSITION; ETC.
6/16/2016: Unknown
7/1/2016: Minute Order
7/5/2016: NOTICE OF RULING DENYING PLAINTIFF'S EX PARTE APPLICATION TO SHORTEN TIME TO HEAR RENEWED MOTION FOR A TEMPORARY RESTRAINING ORDER AND PREIMINARY INJUNCTION
7/12/2016: PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANTS AHMSI, INC.; DECLARATION OF RON HACKER
7/12/2016: PLAINTIFF'S OPPOSITION TO MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT
7/12/2016: DECLARATION OF RON HACKER IN SUPPORT OF THE OPPOSITION TO DEMURRER AND MOTION TO STRIKE
7/18/2016: REPLY BRIEF IN SUPPORT OF DEMURRER OF DEFENDANT SAND CANYON CORPORATION F/K/A OPTION ONE MORTGAGE CORPORATION TO THE THIRD, FOURTH, FIFTH, SIXTH, SEVENTH, AND EIGHTH CAUSES OF ACTION OF PLAINTIFF'S FI
7/22/2016: NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND PLAINTIFF'S COMPLAINT, MEMORANDUM OF POINTS AND AUTHORITIES, ETC.
9/28/2016: PLAINTIFFS NOTICE OF MOTION AND MOTION TO TAX COSTS; DECLARATION OF DANNY CHASE IN SUPPORT THEREOF
3/15/2017: REPLY BRIEF IN SUPPORT OF MOTION FOR ORDER AWARDING ATTORNEY'S FEES
5/25/2017: Minute Order
at 08:30 AM in Department 58; Status Conference (ReDismissal With Prejudice) - Held - Advanced and Heard
Notice of Ruling (ON PLAINTIFF'S MOTION TO SET ASIDE THE COURT'S 4/5/19 ORDER OF DISMISSAL AND DISMISSAL OF ACTION WITH PREJUDICE); Filed by Deutsche Bank National Trust Company (Defendant); Homeward Residential, Inc. (Defendant); Ocwen loan Servicing, LLC (Defendant) et al.
at 08:30 AM in Department 58; Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473) - Held
Minute Order ( (Hearing on Motion to Set Aside/Vacate Dismissal (CCP 473))); Filed by Clerk
Reply (to Defendant?s Opposition to Motion to Set Aside Order of Dismissal); Filed by Ron Hacker (Plaintiff)
Opposition (to Plaintiff's Motion to Set Aside the Court's 4/05/19 Order of Dismissal); Filed by Doe 1 - San Canyon Corporation fka (Defendant)
Opposition (Opposition to Plaintiff's Motion to Set Aside the Court's 4/5/19 Order of Dismissal); Filed by Deutsche Bank National Trust Company (Defendant); Homeward Residential, Inc. (Defendant); Ocwen loan Servicing, LLC (Defendant) et al.
Request for Judicial Notice; Filed by Ron Hacker (Plaintiff)
Motion to Set Aside/Vacate Dismissal; Filed by Ron Hacker (Plaintiff)
at 08:30 AM in Department 58; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer - Not Held - Advanced and Continued - by Court
at 08:30 AM in Department 86; Ex-Parte Proceedings (Exparte proceeding; Denied) -
EX PARTE APPLICATION OF PLATNTIFF, RON HACKER, AS SUCCESSOR TRUSTEE FOR 1713 STEARNS LAVERNE FAMILY TRUST, DATED AUGUST 1, 2012 IN SUPPORT OF EX PARTE APPLICATION TO STOP TRUSTEE'S SALE; ETC
Minute Order
Ex-Parte Application; Filed by Ron Hacker (Plaintiff)
Minute order entered: 2016-02-22 00:00:00; Filed by Clerk
REQUUEST FOR JUDICIAL NOTICE
Request for Judicial Notice; Filed by Ron Hacker (Plaintiff); 1713 Stearns Laverne Family Trust, Dated (Plaintiff)
SUMMONS
Complaint; Filed by Ron Hacker (Plaintiff); 1713 Stearns Laverne Family Trust, Dated (Plaintiff)
COMPLAINT FOR: 1. BREACH OF CONTRACT; ETC
Case Number: BC610795 Hearing Date: January 15, 2020 Dept: 58
Judge John P. Doyle
Department 58
Hearing Date: January 15, 2020
Case Name: Hacker v. Homeward Residential, Inc., et al.
Case No.: BC610795
Motion: Motion to Tax Costs
Moving Party: Plaintiff Ron Hacker, as successor trustee for 1713 Stearns Laverne Family Trust, Dated August 1, 2012
Responding Party: Defendants Homeward Residential, Inc., Deutsche Bank National Trust Company, Western Progressive, LLC, Ocwen Loan Servicing, LLC, Wells Fargo Bank, N.A., Power Default Services, Inc., Brandy Berns, and Vicki Pospisil
Tentative Ruling: The Motion to Tax Costs is granted in part.
On September 10, 2019, Defendants Homeward Residential, Inc., Deutsche Bank National Trust Company, Western Progressive, LLC, Ocwen Loan Servicing, LLC, Wells Fargo Bank, N.A., Power Default Services, Inc., Brandy Berns, and Vicki Pospisil filed a memorandum of costs for $6,967.29.
Plaintiff has filed a Motion to Tax at least $5,957.70 in costs as (1) unreasonable in amount; (2) not reasonably necessary to the conduct of the litigation, or (3) impermissible under Code Civ. Proc. § 1033.5.
“If the items appearing in a cost bill appear to be proper charges, the burden is on the party seeking to tax costs to show that they were not reasonable or necessary. On the other hand, if the items are properly objected to, they are put in issue and the burden of proof is on the party claiming them as costs. Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed for abuse of discretion.” (Ladas v. Cal. State Auto. Assn. (1993) 19 Cal.App.4th 761, 774.)
Defendants concede that their requests for (1) $225.67 in postage fees and (2) $390 for an appellate brief are improper. These costs are stricken.
As to the remainder of the challenged entries, the Court, in the exercise of its discretion, will not award the $1,355 requested for process servers/courier services and $285.72 representing court document retrieval fees. (Code Civ. Proc. § 1033.5(c)(4).) The Court finds that Plaintiff has failed to carry its burden with respect to the remainder of costs requested.
In sum, the Court strikes $2,256.39 in costs. The Motion is granted in part as set forth herein.