Excerpt: ...hamrock Foods Co . (2000) 24 Cal.4th 415, 422 [a precondition to the taking of judicial notice in either its mandatory or permissive form must be relevant to a material issue].) In its discretion, the Court considers defendant State of California's untimely demurrer. (Code Civ. Proc., § 430.40; see Jackson v. Doe (2011) 192 Cal. App. 4th 742, 750, citing McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 280 - 282 [the trial court's co...

Excerpt: ...tion to obtain a ttorney's fees. (Code Civ. Proc., §§ 1033.5, subd. (c)(5), 1005, subd. (b); Civ. Code, § 1717.) Further, to the extent that plaintiff challenges defendant's costs, this Court treats the opposition as a motion to tax costs. (See Alan S. v. Superior Court (2009) 172 Cal.App.4th 238, 260 [“We thus conclude that Mary's memorandum of July 31, 2008, quacked enough like a duck to be classified as a motion to strike or tax costs...

Excerpt: ...at this settlement is so far “out of the ballpark” in relation to the Tech - Bilt factors “as to be inconsistent with the equitable objectives of the statute.” (Tech- Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499 -500 [“Tech -Bilt”]; Cod e Civ. Proc., § 877.6, subd. (d) [“The party asserting the lack of good faith shall have the burden of proof on that issue.”].) First, while McGuire has settled for a small...

Excerpt: ...ails to demonstrate that the costs incurred were not reasonable and necessary to the conduct of the litigation. (Code Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., "1 2-7.) 3. The motion to tax deposition costs ($25,068.68) is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21" ($2,055.59), this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessar...

Excerpt: ...ubmitted for decision by the Court to present to the Court information relevant to (1) the propriety of taking judicial notice of the matter and (2) the tenor of the matter to be noticed. (Evid. Code, S 455, subd. Defendant Xinyao Zhou's demurrer and motion to strike are STAYED, pursuant to this Court's inherent authority, pencrng resolution of defendant's appeal, filed on April 12, 2023, Third District Court of Appeal Case No. C098326, and any s...

Excerpt: ...t the costs incurred were not reasonable and necessary to the conduct of the litigation. Civ. Proc., S 1033.5, subd. (a)(l); Chacon decl., 2-7.) 3. The motion to tax deposition costs is GRANTED IN PART. As to "Transcript - Aptus Court Reporting Transcript of Dr. Din Interview 12/31/21," this is a discretionary cost, and defendant has failed to show that this cost was reasonable and necessary to the conduct of the litigation. (Code Civ. Proc„ S ...

Excerpt: ... rule 8.278(d)(1)(D).) Accordingly, this Court cannot determine (a) how much of the requested costs are recoverable and (b) if such recoverable costs are reasonable. (Ibid.) 2. As to item no. 10 for attorney's fees ($1,000.00), petitioner has not filed a noticed motion to claim attorney's fees on appeal as required. (See Cal. Rules of Court, rule 8.278(d)(2), 3.1702(c).) Further, based on the record before the Court, petitioner was never represen...

Excerpt: ...cted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.” (Ibid.; Castro v. Superior Court (2004) 116 Cal.App.4th 1010, 1018.) Based on the evidence before the Court, the Court does not find that plaintiffs acted with substantial justification or that the imposition of attorneys' fees and costs would be unjust. (Taylor decl., ¶ 2, Exhibit A.) Accordingly, defendants are entitled t...