The petition for claiming taxation costs in California is the topic of this article. There is also discussion asking for an order to claim a specific fee stated in the memorandum.
This case is done in accordance with California Court Rule 3.1700 (b) (1). Taxation cost means that the claimed cost has been reduced to a certain amount because it is excessive for some reason. Significant costs are not permitted by law or damaged for other reasons.
A party who wishes to tax or sacrifice a certain cost must file and file the action within the time limit stipulated by California State law. Petition for orders that are collecting taxes or paying significant expenses in California must be submitted and submitted 15 days after receiving plaintiff's memorandum of understanding. If expenses are remitted by postal mail, the period prescribed in Article 1013 of the Code of Civil Procedure will be extended pursuant to California Rule of Court 3.1700 (b) (1).
In addition, the party who filed the motion petition may not tax items or items to be sacrificed on one or more items stated in the memorandum, except in opposition to the entire cost memorandum There is no doubt.
Please note that there is a deadline to submit and submit a memorandum in accordance with California Court Regulation 3.1700 (a) (1).
If a memorandum is provided in accordance with the law and is not submitted, there is a possibility that a motion claiming to put out the entire cost memorandum will be made.
Section 1033.5 of the relevant part of the Code of Civil Procedure: "The awarding of expenses shall be subject to the following conditions: acceptable cost is convenient, or not useful for its preparation, reasonable for the implementation of litigation The quantity is reasonable "
Even if the fee claimed is legally permitted, you can file a motion saving cost if it is not reasonably necessary or reasonable to implement the lawsuit.
The California Court of Appeals also decided that the burden of proof would be placed on the requesting side as a cost if the item of cost memorandum was appropriately attributed. The same Court of Appeals also decided that the court has no discretionary power to award the expenses not authorized by law, as the rights of expenses are strictly controlled by laws and regulations.
Requesting an order to pay a certain fee is also appropriate in some circumstances. This means that the parties are not authorized by any California law, such as fees for experts who were not ordered by the court, or attorneys fees in the absence of contract violation or attorney fees, and other Legal basis. If expenses can not be expected, it will be added to the judgment of the clerk.
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