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Diary of motion to tax costs...


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Hey All,

Given that I found little on this issue when it recently happened in our case, I've decided to detail this for any in the future who may encounter this.

Background and Timeline:

Went to trial. Trial held on 1/30/2012 @ 8:30 am.

The case was dismissed the morning of trial, by a rent-a-lawyer for the Plaintiff's law firm. (For that thread see below):

http://www.creditinfocenter.com/forums/there-lawyer-house/311788-its-over-we-won-case-dismissed.html

Within a week, we filed a motion of costs (as one has 10 days to file for costs). After reading what was allowed for costs in California, I filled out the worksheet and filed our motion w/the clerks. Some of what I filed for was allowed, some....not so much. ;)8-)....hey I gave it a shot.

Within a month:

Got a letter in the mail from Plaintiff's attorney.

Our motion for costs was taxed, and a tentative hearing was scheduled. :roll:Big surprise.

Explanation/Details:

What this entails is receiving a motion/brief from the Plaintiff's attorneys saying why they believe you are not entitled to whatever you attempt to claim in costs AND what they believe you are entitled to.

I'll be honest, I knew a couple of things I attempted to bill for were absolute long shots. I claimed them in the event, the attorneys just flagged the paperwork through or ignored it, (...much as they did all of our other paperwork during the course of the case).

Apparently because there is actual $$$ at stake, they were NOT going to ignore this. Go figure. :rolleyes:

In our case, my long shot attempts were taxed/stricken by the plaintiff.

But they are also attempting to strike the fees we requested for exhibits and blow-up costs (which comes to less than $13.00), due to the fact that they dismissed our case (the morning of trial). :rolleyes:

In JDB sleaze-oid language:

We don't wanna pay your costs for the exhibits you created to bury us, because we just don't wanna, dammit. So there. You shoulda known we were gonna dismiss the case at the last minute....ya' just shoulda known. So go suck on your costs, silly pro se, nananana....!

So.....What to do/Action to take if Your Costs are Taxed?:

Much like the summons/complaint you received, the important thing seems to be to respond to the motion. If you choose to not oppose their motion, perhaps one can not respond. (Anyone in CA w/knowledge on this, please share...)

But if you disagree w/their motion, (and can apply actual applicable case law)you will need to file a motion of opposition to their brief.

What we did/Our response:

With the help of calawyer, we've answered their motion (an opposition to their motion) and filed it with the court, nine court days prior to the hearing scheduled for the motion. We also noted the date of the hearing, on a calendar (so we could ask for the time off, etc. if needed).

Progress so far:

I see by checking the court website, that both motions have been logged into the system by the clerks.

In addition, (perhaps) Plaintiff has requested to pay us EVEN LESS than they said (in their motion) that they should have to(our filing fee). There is a motion noted on the record by Plaintiff for less than our filing fees, etc. :confused: But I'm going to take a wait and see approach on this, as I know sometimes the clerk's notations are in transition, errors, etc.--and things will change.

The file has been sent to the Judge's research attorney.

I'll update as soon as we know more, attend the hearing, obtain a tentative ruling, etc....whatever comes first.

--------------------------------------------------------------------

Note:

We have absolutely no expectation for obtaining any amount above and beyond our filing fee.

At this point, the fact that they had to file a motion w/the court (at least $40), and mailed it overnight express (another $40-$50)....in addition to whatever their loser client had to pay the rent-a-lawyer to drive out to our jurisdiction in order to dismiss our case (the morning of trial)....they're already probably out (monetarily) what they paid for our debt....maybe more. :twisted:I'm good w/that. ;):lol:

Anything above and beyond that, is just a bonus at this point.

xangelx

More to come....

Edited by tigger
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Keep us posted. I'm also dealing with attempting to get reimbursed for a loser attorney botching discovery subpoenas without any authority of the court, forcing me to waste precious time and both file objections with the court and "meet and confer" in order to comply with rules. But I'm in a different state...just a related situation.

Good luck

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Keep us posted. I'm also dealing with attempting to get reimbursed for a loser attorney botching discovery subpoenas without any authority of the court, forcing me to waste precious time and both file objections with the court and "meet and confer" in order to comply with rules. But I'm in a different state...just a related situation.

Good luck

Wishing you best of luck w/your situation, as well.

;)

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Saturday morning--March 17, 2012

I've been keeping tabs on the court website.

So far, just notations showing that our file was sent to the appropriate department, in preparation of the hearing (this week, Thursday).

If anything shows prior to that, I'll definitely post.

Otherwise, will update after the hearing.

:mrgreen:

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  • 2 weeks later...

March 21st, Wednesday:

Called court to determine if there was a tentative ruling in our case (possibly allowing us to avoid going to court). I was given the phone number of our dept. to call. Called and informed that our judge, doesn't do tentatives. :( Oh well. Looks like we're going to Court.

March 22nd, Thursday:

Up bright and early. Nervous. Not sure why. Took the time to print out the case used in our motion at the copy center, prior to court. Met relative at court. Sitting in front of Department, saw the same rent-a-lawyer from our case arriving again. Great. :roll:

Enter court, sign in with clerk. Told that there is a Temp judge presiding today, and asked if we're ok with it. While she's telling us about the Temp, she's also saying things like, "...they take courses on how to preside as Judge and go through training"...as if that will be a comfort. :confused:

I've read this forum long enough to have read some of the many horror stories regarding "temp judges." As such, I was NOT ok with it, and said so. Clerk got a bit snippy about it.....which makes no sense to me. I mean, if you give us the option, and ask if we're ok with it--why get an attitude when I say no?

Why give us a choice, if it's problem...and you're going to take issue w/us saying we don't want a temp...?

She goes into this whole song and dance about how we wouldn't be able to obtain a Judge until 4:00 in the afternoon, and what EXACTLY is the problem, blah, blah, blah....it's only 9:00 am now. 4:00p.m.--Seriously? Yeah, well--I'm not trying to hang out all day at Court. It's a lovely place and all, but I'm tired--mentally and physically, particularly exhausted from dealing with these jdb losers (sigh)...so we sign the form agreeing to the temp judge. Grrr.

About 9:30 am

Our case is called.

The judge made me laugh, as he was having none of the rent-a-lawyer's lack of preparation. :lol:

She clearly hadn't read the motion (by the firm she was representing) or our opposition to their motion. The judge got impatient w/her and cut her off, saying he'd read the motion already....and proceeded to rule (after hearing from my relative). I couldn't hear the entire ruling, from my seat as someone behind me was talking.

We attempt to get someone to reiterate the ruling for us, but are unsuccessful. So, we decide to wait for it to be posted on the court website and go home....tired, but glad yet another aspect of fighting jdb scum is now complete.

Edited by tigger
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Friday, March 23rd:

Ruling on the Court website. The filing fee wasn't at issue, (they agreed we were entitled to that). Seems the other items we requested were denied. Oh well. :oops: At least it's all done, now.

Saturday, March 24th

Provided with a form from calawyer, to attempt to get a ruling from the court. Unfortunately, can't get to court for another week. Typed up information to file in another week.

Thursday, March 29th

:eek:

Checked the mail today, and found an envelope from the law firm.

Wt...? :confused:

Opened it to find "Notice of Ruling" and a check...! :shock: A mere week after the ruling...? This has to be some sort of record, what gives?

Taken from the Ruling:

The Court Ruled as follows: The $225 filing fee is approved; and the costs incurred for models, blow-ups and photo-copies was modified and approved for $11.00.

:confused::shock::eek:

Well, I'm surprised, but grateful.

Was NOT expecting anything for our exhibit/photo-copies costs, and while this comes as a big surprise we're quite pleased to have it.

Well, that sums up my diary of having costs taxed--what it entailed, how we dealt with it, and the results. Hope this is helpful for someone down the line who may get their costs taxed by the plaintiffs in their case.

:mrgreen:

Edited by tigger
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Nice work - I don't think that anyone will file suit over that debt again...

Thanks, 1stStep! :)++

It certainly helps that we're creeping up on SOL this Sep. ;)

...despite their entries on the credit report and their claim of being a "factoring company," ...so they can continue to report the debt as "120 days+ past due" :roll:(we'll be seeking removal of that erroneous info., very soon).

Edited by tigger
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