On 02/05/2018 AUSTIN LOPEZ filed a Personal Injury - Medical Malpractice lawsuit against CITRUS VALLEY MEDICAL CENTER INC. This case was filed in Los Angeles County Superior Courts, Pomona Courthouse South located in Los Angeles, California. The Judges overseeing this case are ELAINE LU and PETER A. HERNANDEZ. The case status is Pending - Other Pending.
Pending - Other Pending
Los Angeles County Superior Courts
Pomona Courthouse South
Los Angeles, California
PETER A. HERNANDEZ
DOES 1 TO 100
CITRUS VALLEY MEDICAL CENTER INC
LAWAS-ALEJO PERTETUA A. M.D.
LAWAS-ALEJO M.D PERPETUA A.
CITRUS VALLEY MEDICAL CENTER INC.
LAWAS-ALEJO M.D. PERPETUA A.
SAGHEB SOHAILA ESQ.
ROSA STEPHEN A.
WHITTINGTON JEFFREY S. ESQ.
ROSA STEPHEN A. ESQ.
ROSA STEPHEN ALLEN
WHITTINGTON JEFFREY STEWART
MANOLATOU VANESSA KATERINA
6/26/2020: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: APPEAL;)
12/19/2019: Appeal - Notice Court Reporter to Prepare Appeal Transcript - APPEAL - NOTICE COURT REPORTER TO PREPARE APPEAL TRANSCRIPT ;B301463, NOA 10/3/19;
11/26/2019: Appeal - Notice of Default Issued
11/4/2019: Order Approving Compromise of Disputed Claim or Pending Action or Disposition of Proceeds of Judgme - ORDER APPROVING COMPROMISE OF DISPUTED CLAIM OR PENDING ACTION OR DISPOSITION OF PROCEEDS OF JUDGM
10/25/2019: Declaration re: Attorney's Fees
8/29/2019: Judgment - JUDGMENT PROPOSED
7/9/2019: Opposition - OPPOSITION TO MOTION FOR SUMMARY JUDGMENT
4/17/2019: Memorandum of Points & Authorities
4/19/2019: Declaration - DECLARATION DECLARATION OF JERRY B. SCHWARTZ
2/4/2019: Notice of Change of Firm Name
2/13/2019: Opposition - Opposition OF DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC TO PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF LAURA L. STEPHAN
5/16/2018: NOTICE OF CONTINUED HEARING ON DEFENDANT CITRUS VALLEY MEDICAL CENTER, INC.'S DEMURRER AND MOTION TO STRIKE
7/5/2018: Notice - OF STATUS HEARING
12/18/2018: Minute Order - (Amended)
9/11/2018: Notice of Change of Firm Name -
5/22/2018: ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT
5/8/2018: OPPOSITION TO DEMURRER OF DEFENDANT CITRUS VALLEY MEDICAL CENTER INC.TO THE 2ND AND 3RD CAUSES OF ACTION;AND ETC.
2/5/2018: COMPLAINT FOR: 1) MEDICAL MALPRACTICE; ETC
Hearing01/11/2021 at 08:30 AM in Department O at 400 Civic Center Plaza, Pomona, CA 91766; Status ConferenceRead MoreRead Less
Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Status Conference (ReAppeal) - Held - ContinuedRead MoreRead Less
DocketCertificate of Mailing for ((Status Conference Re: Appeal;) of 06/26/2020); Filed by ClerkRead MoreRead Less
DocketMinute Order ( (Status Conference Re: Appeal;)); Filed by ClerkRead MoreRead Less
DocketDeclaration (of Sohaila Sagheb re OSC re Appeal); Filed by Austin Lopez (Plaintiff)Read MoreRead Less
DocketNotice of Status Conference and Order; Filed by ClerkRead MoreRead Less
DocketAppeal Record Delivered; Filed by ClerkRead MoreRead Less
Docketat 08:30 AM in Department O, Peter A. Hernandez, Presiding; Hearing on Motion to Tax Costs - Held - Motion DeniedRead MoreRead Less
DocketMinute Order ( (Hearing on Motion to Tax Costs;)); Filed by ClerkRead MoreRead Less
DocketOrder (on the Court's Tentative Ruling); Filed by ClerkRead MoreRead Less
DocketApplication ; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketNOTICE OF RELATED CASERead MoreRead Less
DocketCIVIL DEPOSITRead MoreRead Less
DocketPLAINTIFF'S NOTICE OF POSTING JURY FEESRead MoreRead Less
DocketNotice of Related Case; Filed by Plaintiff/PetitionerRead MoreRead Less
DocketNotice; Filed by Austin Lopez (Plaintiff)Read MoreRead Less
DocketReceipt; Filed by Austin Lopez (Plaintiff)Read MoreRead Less
DocketComplaint; Filed by nullRead MoreRead Less
DocketComplaint FiledRead MoreRead Less
DocketCOMPLAINT FOR: 1) MEDICAL MALPRACTICE; ETCRead MoreRead Less
Case Number: BC692955 Hearing Date: January 28, 2020 Dept: O
Plaintiff Austin Lopez’s motion to tax costs is DENIED.
Plaintiff Austin Lopez (“Plaintiff”) moves to strike and tax costs pursuant to California Rule of Court 3.1700(b) after Defendant Pepetua Lawas-Alejo (“Defendant”) obtained a judgment in her favor.
Except as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (CCP § 1032(b).)
The (CRC 3.1700(b).) 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. (Ladas v. California State Automotive Assoc. (1993) 19 Cal.App.4th 761, 773-774.) 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. (Ibid.)
On July 30, 2019, the Court granted Defendant’s motion for summary judgment. Defendant filed a memorandum of cost on October 31, 2019. Plaintiff filed the current motion to tax costs contending that the repeated use of an attorney service to personally deliver documents is excessive and unreasonable.
The Court finds that the attorney service fees are reasonable and necessary to the conduct of litigation. Plaintiff objected to Defendant’s memorandum of cost and, specifically, that the attorney service fees claimed are unreasonable because they are not reasonably necessary. However, Defendant contends that her use of the attorney service fee was done to keep costs minimal because her attorneys were in Calabasas, CA, and having to send someone from Defendant’s counsel’s office to file these documents at the Pomona Courthouse would have cost exponentially more. Defendant has also included invoices to document that these costs were actually incurred. Accordingly, the Court declines to tax these costs.