BILL NUMBER: AB 145 CHAPTERED
BILL TEXT
CHAPTER 75
FILED WITH SECRETARY OF STATE JULY 19, 2005
APPROVED BY GOVERNOR JULY 19, 2005
PASSED THE SENATE JULY 7, 2005
PASSED THE ASSEMBLY JULY 7, 2005
INTRODUCED BY Committee on Budget (Laird (Chair), Arambula,
Bermudez, Chan, Coto, De La Torre, Dymally, Evans, Goldberg, Hancock,
Montanez, Mullin, Nava, Parra, Pavley, and Wolk)
JANUARY 20, 2005
An act to amend Sections 467.1, 6322.1, 6324, 6325, and 6326 of,
to add Sections 470.5 and 470.6 to, to repeal Sections 470.3 and 6323
of, and to repeal and add Sections 6321 and 6322 of, the Business
and Professions Code, to amend Section 2924j of the Civil Code, to
amend Sections 116.390, 116.745, 116.760, 116.820, 116.860, 177.5,
209, 403.060, 411.20, 425.10, 491.150, 683.150, 704.750, 708.160,
724.100, 1134, 1161.2, 1174.25, 1174.3, and 1218 of, to add Sections
116.232 and 411.21 to, to repeal Section 116.910 of, and to repeal
and add Sections 116.230 and 573 of, the Code of Civil Procedure, to
amend Section 1852 of the Family Code, to amend Section 31622 of the
Food and Agricultural Code, to amend Sections 24353, 26820, 26831,
26837, 26840.3, 26857, 27293, 54985, 68084, 68085, 68086, 68090.8,
68101, 68511.3, 68926.1, 69953.5, 70375, 70402, 71386, 77009, 77200,
77205, and 77209 of, to amend the headings of Chapter 6 (commencing
with Section 71002) and Chapter 8 (commencing with Section 72004) of
Title 8 of, to amend and renumber Sections 26820.4, 26823, 26824,
26826, 26826.1, 26826.3, 26826.4, 26827.5, 26827.6, 26827.7, 26832.1,
26833.5, 26835.1, 26838, 26857.5, 26862, 76236, and 76238 of, to
amend, renumber, and repeal Sections 26827, 72055, and 72056 of, to
amend and repeal Section 69926.5 of, to add Sections 68084.1,
68085.1, 68085.2, 68085.3, 68085.4, 68086.1, and 77207.5 to, to add
Chapter 5.8 (commencing with Section 70600) to Title 8 of, and to
repeal Sections 24350.5, 26820.6, 26820.7, 26822.3, 26826.2, 26827.1,
26827.4, 26828, 26829, 26830, 26832, 26833.1, 26834, 26836.1,
26837.1, 26840.4, 26841, 26850.1, 26851.1, 26852.1, 26853.1, 26855.4,
26856, 26859, 26863, 68087, 68087.1, 68090.7, 70373, 70373.5, 72054,
72056.01, 72056.1, 72059, 72060, 72061, and 72073 of, the Government
Code, to amend Sections 100430, 103470, and 103730 of the Health and
Safety Code, to amend Section 98.2 of the Labor Code, to amend
Sections 1835, 2343, 7660, and 13201 of the Probate Code, and to
amend Sections 14607.6 and 40230 of the Vehicle Code, relating to
courts, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 145, Committee on Budget Budget Act of 2005: Court fees.
(1) Existing law establishes various court fees to be collected
for services provided in conjunction with the operation of the
courts, as specified.
This bill would enact the Uniform Civil Fees and Standard Fee
Schedule Act of 2005, which would, as of January 1, 2006, establish a
uniform schedule of filing fees and other civil fees for the
superior courts. Among other things, the bill would generally
increase the filing fees for civil actions and proceedings,
including, but not limited to, those fees related to small claims
court, motions, appeals, judgments, the filing of the first paper in
a civil action or proceeding in the superior court, in a limited
civil case, and in complex cases, and in family law and probate
matters, and fees for various certifications, recordings, filings,
and the authentication of documents. The bill also would authorize
the court to charge a reasonable fee for videoconferencing, providing
services or products, if approved by the Judicial Council, and
handling funds held in trust for noncourt parties or entities. The
bill would provide that none of these civil fees may be changed
before January 1, 2008, except as specified.
The bill would require the Judicial Council to establish a Task
Force on Civil Fees to make recommendations on the effectiveness of
the uniform fee structure and other fee related issues on or before
February 1, 2007. The bill would revise and increase other duties of
the Judicial Council, including duties relating to the adoption of a
schedule for the allocation of funds to trial courts for the
development and implementation of automated systems.
The bill would further revise and recast provisions relating to
the distribution of the above-described fees, affecting, among other
things, dispute resolution programs, court reporter services, small
claims advisory services, and law library funds, and would make
specified findings and declarations with regard to the
above-described provisions.
The bill would shift various duties relating to the administration
of court fees and would make additional technical and conforming
changes.
(2) Existing law authorizes certain surcharges to be added to
specified court-related fees, including, among others, a state
surcharge of 10%, until July 1, 2007, and an additional surcharge of
$20 to ensure and maintain adequate funding for court security, until
July 1, 2005, or the enactment of a uniform filing fee, and provides
for these amounts to be transmitted to the Trial Court Trust Fund.
This bill would revise these provisions to make them operative
until December 31, 2005.
(3) Existing law requires, for the purposes of funding trial court
operations, each board of supervisors to establish in the county
treasury a Trial Court Operations Fund, into which all funds
appropriated in the Budget Act and allocated and reallocated to each
court in the county by the Judicial Council shall be deposited.
This bill would authorize the Judicial Council to establish bank
accounts for the superior courts and to require the courts to deposit
moneys for trial court operations, and any other moneys under the
control of the courts, into those accounts, as specified. The bill
would further provide that money, excluding restitution to victims,
that has been deposited with a superior court, or that a superior
court is holding in trust for the lawful owner, in a court bank
account or in a court trust account in a county treasury, that
remains unclaimed for 3 years, is the property of the superior court
if not claimed after specified notice and if no verified complaint is
filed and served.
(3) The bill would impose a state-mandated local program by
requiring new duties of local officers.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares as follows:
(a) Stable and predictable funding is critical to the independence
of the judicial branch. Civil fees are an important part of funding
the court system.
(b) The civil fee increases and surcharges that were approved in
three previous state budgets in order to fund court operations have
not generated expected revenues and have made filing fee schedules
difficult for court users to understand.
(c) Local fees and surcharges on court filing fees have created
confusion, difficulty in administration, and lack of uniformity in
fees in different counties across the state.
(d) The creation of a uniform civil fee structure will streamline
and simplify civil fees, provide for uniformity in different
counties, address the funding shortfall occurring under the current
fee structure, and significantly improve financial stability,
accountability, and predictability in the courts.
(e) The uniform civil fee structure seeks to eliminate confusion
about the proper fee amounts to be paid, significantly ease the
administrative workload in collecting and distributing fees, and
provide a small amount of additional funding for important judicial
branch functions, including technology infrastructure and court
facilities.
(f) New distributions to the Equal Access Fund will provide
increased funding to qualified legal services projects and support
centers to be used for legal services in civil matters for indigent
persons.
(g) Fee waivers and partial fee waivers will remain available for
people who cannot afford court fees.
(h) The uniform civil fee structure is intended to maintain the
revenue stream to programs and groups that receive funding from court
filing fees under existing law.
(i) Dispute resolution programs and county law libraries will
continue to receive the same revenue per filing fee as they do under
existing law. Authority for counties to increase those revenues
during the period of moratorium on fee increases will be preserved.
(j) It is the intent of the Legislature not to increase any fees
established in this act before January 1, 2008, except that the
Legislature may consider changes to implement recommendations of the
Task Force on County Law Libraries, changes to the graduated filing
fee for petitions in probate proceedings under subdivision (a) of
Section 70650 of the Government Code, and establishment of a new fee
for small claims cases with more than five thousand dollars ($5,000)
at issue if legislation is enacted to increase the jurisdictional
limit.
SEC. 2. Section 467.1 of the Business and Professions Code is
amended to read:
467.1. (a) A program funded pursuant to this chapter shall be
operated pursuant to contract with the county and shall comply with
all of the requirements of this chapter and the rules and regulations
of the advisory council.
(b) Counties may establish a program of grants to public entities
and nonpartisan nonprofit corporations for the establishment and
continuance of programs to be operated under the requirements of this
chapter and the standards developed by the advisory council. The
board of supervisors of a county in which, because of the county's
size, the distribution authorized by Section 470.5 is insufficient to
establish a county program may enter into an agreement with the
board of supervisors of one or more other such counties to establish
a program authorized by this chapter on a regional basis.
SEC. 3. Section 470.3 of the Business and Professions Code is
repealed.
SEC. 4. Section 470.5 is added to the Business and Professions
Code, to read:
470.5. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees for the support of dispute resolution programs under this
chapter in each county that has acted to establish a program. The
amount distributed in each county shall be equal to the following:
(1) From each first paper filing fee collected by the court as
provided under Section 70611 or 70612, subdivision (a) of Section
70613, subdivision (a) of Section 70614, or Section 70670 of the
Government Code, and each first paper or petition filing fee
collected by the court in a probate matter as provided under Section
70650, 70651, 70652, 70653, or 70655 of the Government Code, the same
amount as was required to be collected for the support of dispute
resolution programs in that county as of December 31, 2005, when a
fee was collected for the filing of a first paper in a civil action
under Section 26820.4 of the Government Code.
(2) From each first paper filing fee in a limited civil case
collected by the court as provided under subdivision (b) of Section
70613 or subdivision (b) of Section 70614 of the Government Code, and
each first paper or petition filing fee collected by the court in a
probate matter as provided under Section 70654, 70656, or 70658 of
the Government Code, the same amount as was required to be collected
for the support of dispute resolution programs in that county as of
December 31, 2005, when a fee was collected for the filing of a first
paper in a civil action under Section 72055 of the Government Code
where the amount demanded, excluding attorney's fees and costs, was
ten thousand dollars ($10,000) or less.
(b) Distributions under this section shall be used only for the
support of dispute resolution programs authorized by this chapter.
The county shall deposit the amounts distributed under this section
in an account created and maintained for this purpose by the county.
Records of these distributions shall be available for inspection by
the public upon request.
(c) After January 1, 2006, a county that does not already have a
distribution from superior court filing fees under this section and
that establishes a dispute resolution program authorized by this
chapter may approve a distribution under this section. A county that
already has a distribution under this section may change the amount
of the distribution. The total amount to be distributed for the
support of dispute resolution programs under this section may not
exceed eight dollars ($8) per filing fee.
(d) The county may make changes under subdivision (c) to be
effective January 1 or July 1 of any year, on and after January 1,
2006. The county shall provide the Administrative Office of the
Courts with a copy of the action of the board of supervisors that
establishes the change at least 15 days before the date that the
change goes into effect.
SEC. 5. Section 470.6 is added to the Business and Professions
Code, to read:
470.6. A county may carry over moneys received from distributions
under Section 470.5 and from the fees for the support of dispute
resolution programs authorized by this chapter that were added to
fees for filing a first paper in a civil action in superior court
under the laws in effect before January 1, 2006.
SEC. 6. Section 6321 of the Business and Professions Code is
repealed.
SEC. 7. Section 6321 is added to the Business and Professions
Code, to read:
6321. (a) On and after January 1, 2006, as described in Section
68085.1 of the Government Code, the Administrative Office of the
Courts shall make monthly distributions from superior court filing
fees to the law library fund in each county in the amounts described
in this section and Section 6322.1. From each first paper filing fee
as provided under Section 70611, 70612, 70613, 70614, or 70670 of the
Government Code, each first paper or petition filing fee in a
probate matter as provided under Section 70650, 70651, 70652, 70653,
70654, 70655, 70656, or 70658 of the Government Code, Section 103470
of the Health and Safety Code, or Section 7660 of the Probate Code,
each filing fee for a small claim or limited civil case appeal as
provided under Section 116.760 of the Code of Civil Procedure or
Section 70621 of the Government Code, and each vehicle forfeiture
petition fee as provided under subdivision (e) of Section 14607.6 of
the Vehicle Code, that is collected in each of the following
counties, the amount indicated in this subdivision shall be paid to
the law library fund in that county:
Jurisdiction Amount
Alameda........................ $31.00
Alpine......................... 4.00
Amador......................... 20.00
Butte.......................... 29.00
Calaveras...................... 26.00
Colusa......................... 17.00
Contra Costa................... 29.00
Del Norte...................... 20.00
El Dorado...................... 26.00
Fresno......................... 31.00
Glenn.......................... 20.00
Humboldt....................... 40.00
Imperial....................... 20.00
Inyo........................... 20.00
Kern........................... 21.00
Kings.......................... 23.00
Lake........................... 23.00
Lassen......................... 25.00
Los Angeles.................... 18.00
Madera......................... 26.00
Marin.......................... 32.00
Mariposa....................... 27.00
Mendocino...................... 26.00
Merced......................... 23.00
Modoc.......................... 20.00
Mono........................... 20.00
Monterey....................... 25.00
Napa........................... 20.00
Nevada......................... 23.00
Orange......................... 29.00
Placer......................... 29.00
Plumas......................... 20.00
Riverside...................... 26.00
Sacramento..................... 44.00
San Benito..................... 20.00
San Bernardino................. 23.00
San Diego...................... 35.00
San Francisco.................. 36.00
San Joaquin.................... 23.00
San Luis Obispo................ 31.00
San Mateo...................... 32.50
Santa Barbara.................. 35.00
Santa Clara.................... 26.00
Santa Cruz..................... 29.00
Shasta......................... 20.00
Sierra......................... 20.00
Siskiyou....................... 26.00
Solano......................... 26.00
Sonoma......................... 29.00
Stanislaus..................... 18.00
Sutter......................... 7.00
Tehama......................... 20.00
Trinity........................ 20.00
Tulare......................... 29.00
Tuolumne....................... 20.00
Ventura........................ 26.00
Yolo........................... 29.00
Yuba........................... 7.00
(b) If a board of supervisors in any county acted during the 2005
calendar year to increase the law library fee in that county, the
amount distributed to the law library in that county under
subdivision (a) shall be increased by the amount that the board of
supervisors acted to increase the fee, up to three dollars ($3).
SEC. 8. Section 6322 of the Business and Professions Code is
repealed.
SEC. 9. Section 6322 is added to the Business and Professions
Code, to read:
6322. (a) It is the intent of the Legislature that the change in
the method of distributing funds to law libraries from fees collected
by the superior courts under the Uniform Civil Fees and Standard Fee
Schedule Act of 2005 will not result in undue financial hardship for
any law library. On and after January 1, 2006, any law library that
experiences undue financial hardship from the change in the method of
distributing funding to law libraries may request a one-time advance
from the Administrative Office of the Courts. The Administrative
Office of the Courts shall provide the advance within 15 days after
the request is received, but no earlier than February 1, 2006, if all
of the following conditions are met:
(1) The law library board of trustees certifies that the law
library is experiencing financial hardship caused by an increase in
the time between collection of a fee by the court and the receipt of
the money by the law library fund resulting from the implementation
of the new distribution method for money received from superior court
filing fees.
(2) The law library board of trustees certifies that the law
library is operating under this chapter.
(3) The Administrative Office of the Courts receives the request
on or before February 15, 2006.
(b) The amount of the advance shall be equal to one-twelfth of the
law library's total receipts from superior court fees for the
2003-04 fiscal year.
(c) The funding for the advance shall be provided from amounts
deposited into the bank account established by the Administrative
Office of the Courts under subdivision (b) of Section 68085.1 of the
Government Code. The advance shall be returned within 30 days if a
law library ceases to operate or the responsibility for the law
library is transferred from the law library board of trustees.
SEC. 10. Section 6322.1 of the Business and Professions Code is
amended to read:
6322.1. (a) Until the end of the moratorium described in Section
70601 of the Government Code, the board of supervisors of any county
may increase, as provided in this section, the amount distributed to
its county law library fund from the uniform filing fees listed in
Section 6321 whenever it determines that the increase is necessary to
defray the expenses of the law library.
Any increase in the amount distributed to the law library fund in
any county under this subdivision shall not be effective until
January 1 of the next year after the adoption by the board of
supervisors of the increase. The amount of the increase in any
calendar year shall be no greater than three dollars ($3) over the
previous calendar year. A copy of the action of the board of
supervisors that establishes the increase shall be provided to the
Administrative Office of the Courts as soon as it becomes available
but no later than December 15 of the year before the increased
distribution goes into effect.
(b) Distribution changes after January 1, 2008, shall be
determined by the process described in Section 70601 of the
Government Code.
(c) (1) In an action or proceeding in which a claim for money
damages falls within the monetary jurisdiction of the small claims
court and is filed by an assignee who is prohibited from filing or
maintaining a claim pursuant to Section 116.420 of the Code of Civil
Procedure, the uniform filing fee shall be reduced by fifteen dollars
($15) to one hundred sixty-five dollars ($165) if the complaint
contains a declaration under penalty of perjury, executed by the
party requesting the reduction in fees, that the case qualifies for
the lower fee because the claim for money damages will not exceed the
monetary jurisdiction of small claims court and is filed by an
assignee of the claim.
(2) When the uniform filing fee is reduced as provided under this
subdivision, the amount distributed from each uniform filing fee to
the law library fund in the county shall be as follows:
Jurisdiction Amount
Alameda........................ $12.00
Alpine......................... 1.00
Amador......................... 6.00
Butte.......................... 12.00
Calaveras...................... 7.00
Colusa......................... 12.00
Contra Costa................... 8.00
Del Norte...................... 6.00
El Dorado...................... 9.00
Fresno......................... 9.00
Glenn.......................... 6.00
Humboldt....................... 12.00
Imperial....................... 12.00
Inyo........................... 6.00
Kern........................... 12.00
Kings.......................... 12.00
Lake........................... 12.00
Lassen......................... 12.00
Los Angeles.................... 5.00
Madera......................... 12.00
Marin.......................... 12.00
Mariposa....................... 4.00
Mendocino...................... 12.00
Merced......................... 12.00
Modoc.......................... 6.00
Mono........................... 6.00
Monterey....................... 10.00
Napa........................... 12.00
Nevada......................... 7.00
Orange......................... 8.00
Placer......................... 7.00
Plumas......................... 6.00
Riverside...................... 12.00
Sacramento..................... 8.50
San Benito..................... 6.00
San Bernardino................. 12.00
San Diego...................... 12.00
San Francisco.................. 12.00
San Joaquin.................... 10.00
San Luis Obispo................ 12.00
San Mateo...................... 12.00
Santa Barbara.................. 12.00
Santa Clara.................... 8.00
Santa Cruz..................... 12.00
Shasta......................... 8.50
Sierra......................... 9.00
Siskiyou....................... 8.00
Solano......................... 9.00
Sonoma......................... 12.00
Stanislaus..................... 6.50
Sutter......................... 1.00
Tehama......................... 9.00
Trinity........................ 6.00
Tulare......................... 12.00
Tuolumne....................... 2.00
Ventura........................ 12.00
Yolo........................... 10.00
Yuba........................... 7.00
The increases described in subdivision (a) do not apply to the law
library distributions in this subdivision.
(3) Notwithstanding subdivision (d) of Section 68085.4 of the
Government Code, when the uniform filing fee is reduced as provided
in this subdivision, the amounts distributed to dispute resolution
programs, the State Court Facilities Construction Fund, the Judges'
Retirement Fund, children's waiting rooms, and the Equal Access Fund
shall remain as provided under subdivisions (b) and (c) of Section
68085.4 of the Government Code and shall not be changed. Only the
amounts distributed to the Trial Court Trust Fund and the law
libraries shall be adjusted. If the fee is further reduced below one
hundred sixty-five dollars ($165), as with a partial waiver or
partial payment, the proportional reductions described in subdivision
(g) of Section 68085.1 of the Government Code shall apply.
(d) Distributions under this section to the law library fund in
each county shall be used only for the purposes authorized by this
chapter.
(e) As used in this section and Section 6321, "law library fund"
includes a law library account described in the second paragraph of
Section 6320.
SEC. 11. Section 6323 of the Business and Professions Code is
repealed.
SEC. 12. Section 6324 of the Business and Professions Code is
amended to read:
6324. The board of supervisors may appropriate from the county
treasury for law library purposes such sums as may in their
discretion appear proper. When so paid into the law library fund,
those sums shall constitute a part of the fund and be used for the
same purposes.
SEC. 13. Section 6325 of the Business and Professions Code is
amended to read:
6325. The orders and demands of the trustees of the law library,
when duly made and authenticated as hereinafter provided, shall be
verified and audited by the auditing officer, and paid by the
treasurer of the county out of the law library fund. Full entry and
record shall be kept as in other cases.
SEC. 14. Section 6326 of the Business and Professions Code is
amended to read:
6326. A revolving fund of not more than thirty thousand dollars
($30,000) may be established from money in the law library fund, by
resolution of the board of law library trustees, for expenditures of
not exceeding three thousand dollars ($3,000) each for purposes for
which the law library fund may lawfully be expended. The board shall
prescribe the procedure by which money may be drawn from the
revolving fund, the records to be kept, and the manner in which
reimbursements shall be made to the revolving fund by demand and
order from the law library fund. All or any part of the money in the
revolving fund may be deposited in a commercial account in a bank,
subject to payments of not exceeding three thousand dollars ($3,000)
each by check on the signature of the secretary or any other person
or persons designated by the board.
SEC. 15. Section 2924j of the Civil Code is amended to read:
2924j. (a) Unless an interpleader action has been filed, within
30 days of the execution of the trustee's deed resulting from a sale
in which there are proceeds remaining after payment of the amounts
required by paragraphs (1) and (2) of subdivision (a) of Section
2924k, the trustee shall send written notice to all persons with
recorded interests in the real property as of the date immediately
prior to the trustee's sale who would be entitled to notice pursuant
to subdivisions (b) and (c) of Section 2924b. The notice shall be
sent by first-class mail in the manner provided in paragraph (1) of
subdivision (c) of Section 2924b and inform each entitled person of
each of the following:
(1) That there has been a trustee's sale of the described real
property.
(2) That the noticed person may have a claim to all or a portion
of the sale proceeds remaining after payment of the amounts required
by paragraphs (1) and (2) of subdivision (a) of Section 2924k.
(3) The noticed person may contact the trustee at the address
provided in the notice to pursue any potential claim.
(4) That before the trustee can act, the noticed person may be
required to present proof that the person holds the beneficial
interest in the obligation and the security interest therefor. In the
case of a promissory note secured by a deed of trust, proof that the
person holds the beneficial interest may include the original
promissory note and assignment of beneficial interests related
thereto. The noticed person shall also submit a written claim to the
trustee, executed under penalty of perjury, stating the following:
(A) The amount of the claim to the date of trustee's sale.
(B) An itemized statement of the principal, interest, and other
charges.
(C) That claims must be received by the trustee at the address
stated in the notice no later than 30 days after the date the trustee
sends notice to the potential claimant.
(b) The trustee shall exercise due diligence to determine the
priority of the written claims received by the trustee to the trustee'
s sale surplus proceeds from those persons to whom notice was sent
pursuant to subdivision (a). In the event there is no dispute as to
the priority of the written claims submitted to the trustee, proceeds
shall be paid within 30 days after the conclusion of the notice
period. If the trustee has failed to determine the priority of
written claims within 90 days following the 30-day notice period,
then within 10 days thereafter the trustee shall deposit the funds
with the clerk of the court pursuant to subdivision (c) or file an
interpleader action pursuant to subdivision (e). Nothing in this
section shall preclude any person from pursuing other remedies or
claims as to surplus proceeds.
(c) If, after due diligence, the trustee is unable to determine
the priority of the written claims received by the trustee to the
trustee's sale surplus of multiple persons or if the trustee
determines there is a conflict between potential claimants, the
trustee may file a declaration of the unresolved claims and deposit
with the clerk of the superior court of the county in which the sale
occurred, that portion of the sales proceeds that cannot be
distributed, less any fees charged by the clerk pursuant to this
subdivision. The declaration shall specify the date of the trustee's
sale, a description of the property, the names and addresses of all
persons sent notice pursuant to subdivision (a), a statement that the
trustee exercised due diligence pursuant to subdivision (b), that
the trustee provided written notice as required by subdivisions (a)
and (d) and the amount of the sales proceeds deposited by the trustee
with the court. Further, the trustee shall submit a copy of the
trustee's sales guarantee and any information relevant to the
identity, location, and priority of the potential claimants with the
court and shall file proof of service of the notice required by
subdivision (d) on all persons described in subdivision (a).
The clerk shall deposit the amount with the county treasurer or,
if a bank account has been established for moneys held in trust under
paragraph (2) of subdivision (a) of Section 77009 of the Government
Code, in that account, subject to order of the court upon the
application of any interested party. The clerk may charge a
reasonable fee for the performance of activities pursuant to this
subdivision equal to the fee for filing an interpleader action
pursuant to Chapter 5.8 (commencing with Section 70600) of Title 8 of
the Government Code. Upon deposit of that portion of the sale
proceeds that cannot be distributed by due diligence, the trustee
shall be discharged of further responsibility for the disbursement of
sale proceeds. A deposit with the clerk of the court pursuant to
this subdivision may be either for the total proceeds of the trustee'
s sale, less any fees charged by the clerk, if a conflict or
conflicts exist with respect to the total proceeds, or that portion
that cannot be distributed after due diligence, less any fees charged
by the clerk.
(d) Before the trustee deposits the funds with the clerk of
the court pursuant to subdivision (c), the trustee shall send
written notice by first-class mail, postage prepaid, to all persons
described in subdivision (a) informing them that the trustee intends
to deposit the funds with the clerk of the court and that a claim for
the funds must be filed with the court within 30 days from the date
of the notice, providing the address of the court in which the funds
were deposited, and a telephone number for obtaining further
information.
Within 90 days after deposit with the clerk, the court shall
consider all claims filed at least 15 days before the date on which
the hearing is scheduled by the court, the clerk shall serve written
notice of the hearing by first-class mail on all claimants identified
in the trustee's declaration at the addresses specified therein.
Where the amount of the deposit is twenty-five thousand dollars
($25,000) or less, a proceeding pursuant to this section is a limited
civil case. The court shall distribute the deposited funds to any
and all claimants entitled thereto.
(e) Nothing in this section restricts the ability of a trustee to
file an interpleader action in order to resolve a dispute about the
proceeds of a trustee's sale. Once an interpleader action has been
filed, thereafter the provisions of this section do not apply.
(f) "Due diligence," for the purposes of this section means that
the trustee researched the written claims submitted or other evidence
of conflicts and determined that a conflict of priorities exists
between two or more claimants which the trustee is unable to resolve.
(g) To the extent required by the Unclaimed Property Law, a
trustee in possession of surplus proceeds not required to be
deposited with the court pursuant to subdivision (b) shall comply
with the Unclaimed Property Law (Chapter 7 (commencing with Section
1500) of Title 10 of Part 3 of the Code of Civil Procedure).
(h) The trustee, beneficiary, or counsel to the trustee or
beneficiary, is not liable for providing to any person who is
entitled to notice pursuant to this section, information set forth
in, or a copy of, subdivision (h) of Section 2945.3.
SEC. 16. Section 116.230 of the Code of Civil Procedure, as
amended by Section 1 of Chapter 159 of the Statutes of 2003, is
repealed.
SEC. 17. Section 116.230 of the Code of Civil Procedure, as added
by Section 2 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 18. Section 116.230 is added to the Code of Civil Procedure,
to read:
116.230. (a) In a small claims case, the clerk of the court shall
charge and collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims
in the state within the previous 12 months, the filing fee is the
following:
(1) Thirty dollars ($30) if the amount of the demand is one
thousand five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than
one thousand five hundred dollars ($1,500).
(c) If the party has filed more than 12 other small claims in the
state within the previous 12 months, the filing fee is seventy-five
dollars ($75).
(d) Each party filing a claim shall file a declaration with the
claim stating whether that party has filed more than 12 other small
claims in the state within the last 12 months.
(e) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules
adopted by or trial court financial policies and procedures
authorized by the Judicial Council under subdivision (a) of Section
77206 of the Government Code. The deposits shall be made as required
under Section 68085.1 of the Government Code and trial court
financial policies and procedures authorized by the Judicial Council.
(f) The Administrative Office of the Courts shall distribute six
dollars ($6) of each thirty dollar ($30) fee, eight dollars ($8) of
each fifty dollar ($50) fee, and fourteen dollars ($14) of each
seventy-five dollar ($75) fee collected under subdivision (b) or (c)
to a special account in the county in which the court is located to
be used for the small claims advisory services described in Section
116.940. Records of these moneys shall be available for inspection by
the public on request.
(g) The remainder of the fees collected under subdivisions (b) and
(c) shall be transmitted monthly to the Controller for deposit in
the Trial Court Trust Fund.
(h) This section and Section 116.940 shall not be applied in any
manner that results in a reduction of the level of services, or the
amount of funds allocated for providing the services described in
Section 116.940, that are in existence in each county during the
2004-05 fiscal year. Nothing in this section shall preclude the
county from procuring other funding to comply with the requirements
of Section 116.940.
SEC. 19. Section 116.230 is added to the Code of Civil Procedure,
to read:
116.230. (a) In a small claims case, the clerk of the court shall
charge and collect only those fees authorized under this chapter.
(b) If the party filing a claim has filed 12 or fewer small claims
in the state within the previous 12 months, the filing fee is the
following:
(1) Thirty dollars ($30) if the amount of the demand is one
thousand five hundred dollars ($1,500) or less.
(2) Fifty dollars ($50) if the amount of the demand is more than
one thousand five hundred dollars ($1,500) but less than or equal to
five thousand dollars ($5,000).
(3) Seventy-five ($75) if the amount of the demand is more than
five thousand dollars ($5,000).
(c) If the party has filed more than 12 other small claims in the
state within the previous 12 months, the filing fee is one hundred
dollars ($100).
(d) Each party filing a claim shall file a declaration with the
claim stating whether that party has filed more than 12 other small
claims in the state within the last 12 months.
(e) The clerk of the court shall deposit fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts and maintained under rules
adopted by or trial court financial policies and procedures
authorized by the Judicial Council under subdivision (a) of Section
77206 of the Government Code. The deposits shall be made as required
under Section 68085.1 of the Government Code and trial court
financial policies and procedures authorized by the Judicial Council.
(f) The Administrative Office of the Courts shall distribute six
dollars ($6) of each thirty dollar ($30) fee, eight dollars ($8) of
each fifty dollar ($50) fee, ten dollars ($10) of each seventy-five
dollar ($75) fee, and fourteen dollars ($14) of each one hundred
dollar ($100) fee collected under subdivision (b) or (c) to a special
account in the county in which the court is located to be used for
the small claims advisory services described in Section 116.940.
Records of these moneys shall be available for inspection by the
public on request.
(g) The remainder of the fees collected under subdivisions (b) and
(c) shall be transmitted monthly to the Controller for deposit in
the Trial Court Trust Fund.
(h) This section and Section 116.940 shall not be applied in any
manner that results in a reduction of the level of services, or the
amount of funds allocated for providing the services described in
Section 116.940, that are in existence in each county during the
2004-05 fiscal year. Nothing in this section shall preclude the
county from procuring other funding to comply with the requirements
of Section 116.940.
SEC. 20. Section 116.232 is added to the Code of Civil Procedure,
to read:
116.232. A fee of ten dollars ($10) shall be charged and
collected from the plaintiff for each defendant to whom the court
clerk mails a copy of the claim under Section 116.340. This fee shall
be distributed to the court in which it was collected.
SEC. 21. Section 116.390 of the Code of Civil Procedure is amended
to read:
116.390. (a) If a defendant has a claim against a plaintiff that
exceeds the jurisdictional limits stated in Sections 116.220 and
116.231, and the claim relates to the contract, transaction, matter,
or event which is the subject of the plaintiff's claim, the defendant
may commence an action against the plaintiff in a court of competent
jurisdiction and request the small claims court to transfer the
small claims action to that court.
(b) The defendant may make the request by filing with the small
claims court in which the plaintiff commenced the action, at or
before the time set for the hearing of that action, a declaration
stating the facts concerning the defendant's action against the
plaintiff with a true copy of the complaint so filed by the defendant
against the plaintiff. The defendant shall cause a copy of the
declaration and complaint to be personally delivered to the plaintiff
at or before the time set for the hearing of the small claims
action.
(c) In ruling on a motion to transfer, the small claims court may
do any of the following: (1) render judgment on the small claims case
prior to the transfer; (2) not render judgment and transfer the
small claims case; (3) refuse to transfer the small claims case on
the grounds that the ends of justice would not be served. If the
small claims action is transferred prior to judgment, both actions
shall be tried together in the transferee court.
(d) When the small claims court orders the action transferred, it
shall transmit all files and papers to the transferee court.
(e) The plaintiff in the small claims action shall not be required
to pay to the clerk of the transferee court any transmittal,
appearance, or filing fee unless the plaintiff appears in the
transferee court, in which event the plaintiff shall be required to
pay the filing fee and any other fee required of a defendant in the
transferee court. However, if the transferee court rules against the
plaintiff in the action filed in that court, the court may award to
the defendant in that action the costs incurred as a consequence of
the transfer, including attorney's fees and filing fees.
SEC. 22. Section 116.745 of the Code of Civil Procedure is amended
to read:
116.745. The clerk shall collect a fee of twenty dollars ($20)
for the filing of a motion to vacate.
SEC. 23. Section 116.760 of the Code of Civil Procedure is amended
to read:
116.760. (a) The appealing party shall pay a fee of seventy-five
dollars ($75) for filing a notice of appeal.
(b) A party who does not appeal shall not be charged any fee for
filing any document relating to the appeal.
(c) The fee shall be distributed as follows:
(1) To the county law library fund, as provided in Section 6320 of
the Business and Professions Code, the amount specified in Section
6321 and 6322.1 of the Business and Professions Code.
(2) To the Trial Court Trust Fund, the remainder of the fee.
SEC. 24. Section 116.820 of the Code of Civil Procedure is amended
to read:
116.820. (a) The judgment of a small claims court may be enforced
as provided in Title 9 (commencing with Section 680.010) of Part 2
and in Sections 674 and 1174 on the enforcement of judgments of other
courts. A judgment of the superior court after a hearing on appeal,
and after transfer to the small claims court under subdivision (d) of
Section 116.780, may be enforced like other judgments of the small
claims court, as provided in Title 9 (commencing with Section
680.010) of Part 2 and in Sections 674 and 1174 on the enforcement of
judgments of other courts.
(b) The fees specified in subdivision (a) of Section 70626 of the
Government Code shall be charged and collected by the clerk for the
issuance of a writ of execution, or an abstract of judgment. The fee
specified in Section 70617 of the Government Code shall be charged
for an application for an order of examination of a judgment debtor.
The clerk shall immediately deposit all the fees collected under this
section into a bank account established for this purpose by the
Administrative Office of the Courts. The money shall be remitted to
the State Treasury under rules adopted by, or trial court financial
policies and procedures authorized by, the Judicial Council under
subdivision (a) of Section 77206 of the Government Code. The
Controller shall distribute the fees to the Trial Court Trust Fund as
provided in Section 68085.1 of the Government Code.
(c) The prevailing party in any action subject to this chapter is
entitled to the costs of enforcing the judgment and accrued interest.
SEC. 25. Section 116.860 of the Code of Civil Procedure is amended
to read:
116.860. (a) A judgment debtor who desires to make payment to the
court in which the judgment was entered may file a request to make
payment, which shall be made on a form approved or adopted by the
Judicial Council.
(b) Upon the filing of the request to make payment and the payment
to the clerk of the amount of the judgment and any accrued interest
and costs after judgment, plus any required fee authorized by this
section, the clerk shall enter satisfaction of the judgment and shall
remit payment to the judgment creditor as provided in this section.
(c) If partial payment of the judgment has been made to the
judgment creditor, and the judgment debtor files the declaration and
evidence of partial payment described in subdivision (d) of Section
116.850, the clerk shall enter satisfaction of the judgment upon
receipt by the clerk of the balance owing on the judgment, including
any accrued interest and costs after judgment, and the fee required
by this section.
(d) If payment is made by means other than money order, certified
or cashier's check, or cash, entry of satisfaction of the judgment
shall be delayed for 30 days.
(e) The clerk shall notify the judgment creditor, at his or her
last known address, that the judgment debtor has satisfied the
judgment by making payment to the court. The notification shall
explain the procedures which the judgment creditor has to follow to
receive payment.
(f) For purposes of this section, "costs after judgment" consist
of only those costs itemized in a memorandum of costs filed by the
judgment creditor or otherwise authorized by the court.
(g) Payments that remain unclaimed for three years shall go to the
superior court pursuant to Section 68084.1 of the Government Code.
(h) A fee of twenty dollars ($20) shall be paid by the judgment
debtor for the costs of administering this section.
SEC. 26. Section 116.910 of the Code of Civil Procedure is
repealed.
SEC. 27. Section 177.5 of the Code of Civil Procedure is amended
to read:
177.5. A judicial officer shall have the power to impose
reasonable money sanctions, not to exceed fifteen hundred dollars
($1,500), notwithstanding any other provision of law, payable to the
court, for any violation of a lawful court order by a person, done
without good cause or substantial justification. This power shall not
apply to advocacy of counsel before the court. For the purposes of
this section, the term "person" includes a witness, a party, a party'
s attorney, or both.
Sanctions pursuant to this section shall not be imposed except on
notice contained in a party's moving or responding papers; or on the
court's own motion, after notice and opportunity to be heard. An
order imposing sanctions shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.
SEC. 28. Section 209 of the Code of Civil Procedure, as amended by
Section 1 of Chapter 359 of the Statutes of 2003, is amended to
read:
209. (a) Any prospective trial juror who has been summoned for
service, and who fails to attend as directed or to respond to the
court or jury commissioner and to be excused from attendance, may be
attached and compelled to attend. Following an order to show cause
hearing, the court may find the prospective juror in contempt of
court, punishable by fine, incarceration, or both, as otherwise
provided by law.
(b) In lieu of imposing sanctions for contempt as set forth in
subdivision (a), the court may impose reasonable monetary sanctions,
as provided in this subdivision, on a prospective juror who has not
been excused pursuant to Section 204 after first providing the
prospective juror with notice and an opportunity to be heard. If a
juror fails to respond to the initial summons within 12 months, the
court may issue a second summons indicating that the person failed to
appear in response to a previous summons and ordering the person to
appear for jury duty. Upon the failure of the juror to appear in
response to the second summons, the court may issue a failure to
appear notice informing the person that failure to respond may result
in the imposition of money sanctions. If the prospective juror does
not attend the court within the time period as directed by the
failure to appear notice, the court shall issue an order to show
cause. Payment of monetary sanctions imposed pursuant to this
subdivision does not relieve the person of his or her obligation to
perform jury duty.
(c) (1) The court may give notice of its intent to impose
sanctions by either of the following means:
(A) Verbally to a prospective juror appearing in person in open
court.
(B) The issuance on its own motion of an order to show cause
requiring the prospective juror to demonstrate reasons for not
imposing sanctions. The court may serve the order to show cause by
certified or first-class mail.
(2) The monetary sanctions imposed pursuant to subdivision (b) may
not exceed two hundred fifty dollars ($250) for the first violation,
seven hundred fifty dollars ($750) for the second violation, and one
thousand five hundred dollars ($1,500) for the third and any
subsequent violation. Monetary sanctions may not be imposed on a
prospective juror more than once during a single juror pool cycle.
The prospective juror may be excused from paying sanctions pursuant
to subdivision (b) of Section 204 or in the interests of justice. The
full amount of any sanction paid shall be deposited in a bank
account established for this purpose by the Administrative Office of
the Courts and transmitted from that account monthly to the
Controller for deposit in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code. It is the intent of the
Legislature that the funds derived from the monetary sanctions
authorized in this section be allocated, to the extent feasible, to
the family courts and the civil courts. The Judicial Council shall,
by rule, provide for a procedure by which a prospective juror against
whom a sanction has been imposed by default may move to set aside
the default.
(d) On or before December 31, 2005, the Judicial Council shall
report to the Legislature regarding the effects of the implementation
of subdivisions (b) and (c). The report shall include, but not be
limited to, information regarding any change in rates of response to
juror summons, the amount of moneys collected pursuant to subdivision
(c), the efficacy of the default procedures adopted in rules of
court, and how, if at all, the Legislature may wish to alter this
chapter to further attainment of its objectives.
(e) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
SEC. 29. Section 403.060 of the Code of Civil Procedure is amended
to read:
403.060. (a) For reclassification of a case from a limited civil
case to an unlimited civil case, a fee shall be charged as provided
in Section 70619 of the Government Code. This reclassification fee
shall be in addition to any other fee due for that appearance or
filing in a limited civil case. No additional amounts shall be
charged for appearance or filing fees paid prior to reclassification.
After reclassification, the fees ordinarily charged in an unlimited
case shall be charged.
(b) If a reclassification fee is required and is not paid at the
time an amended complaint or other initial pleading, a
cross-complaint, or a stipulation for reclassification is filed under
Section 403.020, 403.030, or 403.050, the clerk shall not reclassify
the case and the case shall remain and proceed as a limited civil
case.
(c) No fee shall be charged for reclassification of a case from an
unlimited civil case to a limited civil case. The fees ordinarily
required for filing or appearing in a limited civil case shall be
charged at the time of filing a pleading that reclassifies the case.
Parties are not entitled to a refund of the difference between any
fees previously paid for appearance or filing in an unlimited civil
case and the fees due in a limited civil case. After
reclassification, the fees ordinarily charged in a limited civil case
shall be charged.
SEC. 30. Section 411.20 of the Code of Civil Procedure is amended
to read:
411.20. (a) If the clerk accepts for filing a complaint or other
first paper, or any subsequent filing, and payment is made by check
which is later returned without payment, the clerk shall, by mail,
notify the party who tendered the check that (1) the check has been
returned without payment, (2) the administrative charge specified in
subdivision (g) has been imposed to reimburse the court for the costs
of processing the returned check and providing the notice specified
in this subdivision, and (3) the party has 20 days from the date of
mailing of the notice within which to pay the filing fee and the
administrative charge, except as provided in subdivision (e). The
notice also shall state that the administrative charge and the filing
fee shall be paid in cash, by certified check, or by other means
specified by the court, but not by traveler's check or personal
check. If the person who tendered the check is not a party to the
action or proposed action, but only is acting on behalf of a party,
the clerk shall notify not only the person who tendered the check,
but also the party or that party's attorney if the party is
represented. The clerk's certificate as to the mailing of notice
pursuant to this section establishes a rebuttable presumption that
the fees were not paid. This presumption is a presumption affecting
the burden of producing evidence.
(b) The clerk shall void the filing if the party who tendered a
returned check or on whose behalf a returned check was tendered has
not paid the full amount of the fee and the administrative charge by
a means specified in subdivision (a) within 20 days of the date on
which the notice required by subdivision (a) was mailed. Any filing
voided by this section can be disposed of immediately after the 20
days have elapsed without preserving a copy in the court records,
notwithstanding Section 68152 of the Government Code.
(c) If an adverse party files a response to a complaint, paper or
filing referred to in subdivision (a), together with a filing fee,
and the original filing is voided pursuant to subdivision (b), the
responsive filing is not required and shall be voided. The court
shall, by mail, provide notice to the parties or their attorneys that
the initial paper and the response have been voided. The responding
party's filing fee shall be refunded upon request, provided that the
request for a refund is made within 20 days from the date on which
the notice was mailed. Upon receipt of the request, the court shall
refund the responding party's filing fee without imposing any
administrative charge. A refund under this subdivision is available
if the adverse party has filed only a responsive pleading, but not if
the party has also filed a cross-complaint or other first paper
seeking affirmative relief for which there is a filing fee.
(d) If an adverse party, or a person acting on behalf of the
adverse party, tenders a check for a required filing fee that is
later returned without payment, the procedures in subdivisions (a)
and (b) shall apply.
(e) If any trial or other hearing is scheduled to be heard prior
to the expiration of the 20-day period provided for in subdivision
(a), the fee shall be paid prior to the trial or hearing. Failure of
the party to pay the fee prior to the trial or hearing date shall
cause the court to void the filing and proceed as if it had not been
filed.
(f) If the clerk performs a service or issues any document for
which a fee is required and payment is made by check which is later
returned without payment, the court may order further proceedings
suspended as to the party for whom the check was tendered. If the
court so orders, the clerk shall, by mail, notify the party who
tendered the check that proceedings have been suspended until the
receipt of payment of the required fee and the administrative charge
specified in subdivision (g), by cash cashier's check, or other means
specified by the court, but not by personal check or traveler's
check. If the person who tendered the check is not a party to the
action or proposed action, but only is acting on behalf of a party,
the clerk shall notify not only the person who tendered the check,
but also the party or that party's attorney if the party is
represented. The clerk's certificate as to the mailing of notice
pursuant to this section establishes a rebuttable presumption that
the fees were not paid. This presumption is a presumption affecting
the burden of producing evidence.
(g) The clerk shall impose an administrative charge for providing
notice that a check submitted for a filing fee has been returned
without payment and for all related administrative, clerical, and
other costs incurred under this section. The administrative charge
shall, in each instance, be either twenty-five dollars ($25) or a
reasonable amount that does not exceed the actual cost incurred by
the court, as determined by the court. The notices provided by the
court under subdivisions (a) and (f) shall state the specific amount
of the administrative charge that shall be paid to the court. Each
administrative charge collected shall be distributed to the court
that incurred the charge as described in Section 68085.1 of the
Government Code.
SEC. 31. Section 411.21 is added to the Code of Civil Procedure,
to read:
411.21. (a) If a complaint or other first paper is accompanied by
payment by check in an amount less than the required fee, the clerk
shall accept the paper for filing, but shall not issue a summons
until the court receives full payment of the required fee. The clerk
shall, by mail, notify the
party tendering the check that (1) the check was made out for an
amount less than the required filing fee, (2) the administrative
charge specified in subdivision (g) has been imposed to reimburse the
court for the costs of processing the partial payment and providing
the notice specified in this subdivision, and (3) the party has 20
days from the date of mailing of the notice within which to pay the
remainder of the required fee and the administrative charge, except
as provided in subdivision (f). The notice also shall state that
payment of the administrative charge and the remainder of the
required filing fee shall be in cash, by cashier's check, or by other
means specified by the court but not by traveler's check or personal
check. If the person who tendered the check is not a party to the
action or proposed action, but only is acting on behalf of a party,
the clerk shall notify not only the person who tendered the check,
and also the party or that party's attorney, if the party is
represented. The clerk's certificate as to the mailing of notice
pursuant to this section establishes a rebuttable presumption that
the fees were not paid. This presumption is a presumption affecting
the burden of producing evidence. This subdivision does not apply to
an unlawful detainer action.
(b) The clerk shall void the filing if the party who tendered a
check in an amount less than the required filing fee or on whose
behalf a check in an amount less than the required filing fee was
tendered has not paid the full amount of the fee and the
administrative charge by a means specified in subdivision (a) within
20 days of the date on which the notice required by subdivision (a)
was mailed. Any filing voided by this section may be disposed of
immediately after the 20 days have elapsed without preserving a copy
in the court records notwithstanding Section 68152 of the Government
Code.
(c) If a check for less than the required fee was tendered, the
remainder of the required fee and the administrative charge were not
paid within the period specified in subdivision (a), and a refund of
the partial payment has not been requested in a writing mailed or
presented by the party or person who tendered the check within 20
days from the date on which the remainder of the required fee was
due, the partial payment shall be remitted to the State Treasurer to
be deposited in the Trial Court Trust Fund, except for the amount of
the administrative charge described in subdivision (g), that shall be
deducted from the partial payment and shall be distributed as
described in subdivision (g) to the court which incurred the charge.
If the party or person who tendered the check for partial payment
requests a refund of the partial payment, in writing, within the time
specified in this subdivision, the clerk shall refund the amount of
the partial payment less the amount of the administrative charge
imposed by that court. All partial payments that the court received
before January 1, 2006, and that remain on deposit for filings that
the clerk voided pursuant to this section, once three years have
passed from the date that the filing was voided, shall be remitted to
the State Treasurer for deposit into the Trial Court Trust Fund.
(d) If an adverse party files a response to a complaint or other
first paper referred to in subdivision (a), together with a filing
fee, and the original filing is voided pursuant to subdivision (b),
the responsive filing is not required and shall be voided. The court
shall, by mail, provide notice to the parties that the initial paper
and the response have been voided. The responding party's filing fee
shall be refunded upon request, provided that the request for a
refund is made in writing within 20 days from the date on which the
notice was mailed. Upon receipt of the request, the court shall
reimburse the responding party's filing fee without imposing any
administrative charge. A refund under this subdivision is available
if the adverse party has filed only a responsive pleading, but not if
the party has also filed a cross-complaint or other first paper
seeking affirmative relief for which there is a filing fee.
(e) If an adverse party, or a person acting on behalf of the
adverse party, tenders a check for a required filing fee in an amount
less than the required fee, the procedures in subdivisions (a), (b),
and (c) shall apply.
(f) If any trial or other hearing is scheduled to be heard prior
to the expiration of the 20-day period provided for in subdivision
(a), the fee shall be paid prior to the trial or hearing. Failure of
the party to pay the fee prior to the trial or hearing date shall
cause the court to void the filing and proceed as if it had not been
filed.
(g) The clerk shall impose an administrative charge for providing
notice that a check submitted for a filing fee is in an amount less
than the required fee and for all related administrative, clerical,
and other costs incurred under this section. The administrative
charge shall, in each instance, be either twenty-five dollars ($25)
or a reasonable amount that does not exceed the actual cost incurred
by the court, as determined by the court. The notices provided by the
court under subdivision (a) shall state the specific amount of the
administrative charge that shall be paid to the court. Each
administrative charge collected shall be distributed to the court
that incurred the charge as described in Section 68085.1 of the
Government Code. When a partial payment is to be remitted to the
State Treasurer under subdivision (c), the court shall notify the
Administrative Office of the Courts of the amount of (1) the partial
payment collected, and (2) the administrative charge to be deducted
from the payment and to be distributed to the court.
SEC. 32. Section 425.10 of the Code of Civil Procedure is amended
to read:
425.10. (a) A complaint or cross-complaint shall contain both of
the following:
(1) A statement of the facts constituting the cause of action, in
ordinary and concise language.
(2) A demand for judgment for the relief to which the pleader
claims to be entitled. If the recovery of money or damages is
demanded, the amount demanded shall be stated.
(b) Notwithstanding subdivision (a), where an action is brought to
recover actual or punitive damages for personal injury or wrongful
death, the amount demanded shall not be stated, but the complaint
shall comply with Section 422.30 and, in a limited civil case, with
subdivision (b) of Section 70613 of the Government Code.
SEC. 33. Section 491.150 of the Code of Civil Procedure is amended
to read:
491.150. (a) Except as otherwise provided in this section, the
proper court for examination of a person under this article is the
court that issued the writ of attachment.
(b) A person sought to be examined may not be required to attend
an examination before a court located outside the county in which the
person resides or has a place of business unless the distance from
the person's place of residence or place of business to the place of
examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a
place of business in the county where the court that issued the writ
is located, the superior court in the county where the person resides
or has a place of business is a proper court for examination of the
person.
(d) If the plaintiff seeks an examination of a person before a
court other than the court that issued the writ, the plaintiff shall
file an application that shall include all of the following:
(1) A certified copy of the complaint in the pending action.
(2) An affidavit in support of the application stating the place
of residence or place of business of the person sought to be
examined.
(3) Any necessary affidavit or showing for the examination as
required by Section 491.110.
(4) The filing fee for a motion as provided in subdivision (a) of
Section 70617 of the Government Code.
SEC. 34. Section 573 of the Code of Civil Procedure is repealed.
SEC. 35. Section 573 is added to the Code of Civil Procedure, to
read:
573. Whenever money is paid into or deposited in the court under
this chapter, it shall be deposited with the court's treasury as
provided in Section 68084 of the Government Code.
SEC. 36. Section 683.150 of the Code of Civil Procedure is amended
to read:
683.150. (a) Upon the filing of the application, the court clerk
shall enter the renewal of the judgment in the court records.
(b) The fee for filing an application for renewal of judgment is
as provided in subdivision (b) of Section 70626 of the Government
Code.
(c) In the case of a money judgment, the entry of renewal shall
show the amount of the judgment as renewed. Except as provided in
subdivisions (d) and (e), this amount is the amount required to
satisfy the judgment on the date of the filing of the application for
renewal and includes the fee for the filing of the application for
renewal.
(d) In the case of a money judgment payable in installments not
previously renewed, the amount of the judgment as renewed is the
total of the past due installments, the costs added to the judgment
pursuant to Section 685.090, and the accrued interest, which remains
unsatisfied and is enforceable on the date of the filing of the
application for renewal and includes the fee for the filing of the
application for renewal.
(e) In the case of a money judgment payable in installments
previously renewed, the amount of the judgment as renewed under the
latest renewal is the total of the following which remains
unsatisfied and is enforceable on the date of the filing of the
application for the latest renewal:
(1) The amount of the judgment as renewed under the previous
renewal.
(2) The past due installments that became due and payable after
the previous renewal.
(3) The costs that have been added to the judgment pursuant to
Section 685.090 after the previous renewal.
(4) The interest that has accrued on the amounts described in
paragraphs (1), (2), and (3) since the last renewal.
(5) The fee for filing the application for renewal.
(f) In the case of a judgment for possession or sale of property,
the entry of renewal shall describe the performance remaining due.
SEC. 37. Section 704.750 of the Code of Civil Procedure is amended
to read:
704.750. (a) Promptly after a dwelling is levied upon (other than
a dwelling described in subdivision (b) of Section 704.740), the
levying officer shall serve notice on the judgment creditor that the
levy has been made and that the property will be released unless the
judgment creditor complies with the requirements of this section.
Service shall be made personally or by mail. Within 20 days after
service of the notice, the judgment creditor shall apply to the court
for an order for sale of the dwelling and shall file a copy of the
application with the levying officer. If the judgment creditor does
not file the copy of the application for an order for sale of the
dwelling within the allowed time, the levying officer shall release
the dwelling.
(b) If the dwelling is located in a county other than the county
where the judgment was entered:
(1) The judgment creditor shall apply to the superior court of the
county where the dwelling is located.
(2) The judgment creditor shall file with the application an
abstract of judgment in the form prescribed by Section 674 or, in the
case of a judgment described in Section 697.320, a certified copy of
the judgment.
(3) The judgment creditor shall pay the filing fee for a motion as
provided in subdivision (a) of Section 70617 of the Government Code.
SEC. 38. Section 708.160 of the Code of Civil Procedure is amended
to read:
708.160. (a) Except as otherwise provided in this section, the
proper court for examination of a person under this article is the
court in which the money judgment is entered.
(b) A person sought to be examined may not be required to attend
an examination before a court located outside the county in which the
person resides or has a place of business unless the distance from
the person's place of residence or place of business to the place of
examination is less than 150 miles.
(c) If a person sought to be examined does not reside or have a
place of business in the county where the judgment is entered, the
superior court in the county where the person resides or has a place
of business is a proper court for examination of the person.
(d) If the judgment creditor seeks an examination of a person
before a court other than the court in which the judgment is entered,
the judgment creditor shall file an application that shall include
all of the following:
(1) An abstract of judgment in the form prescribed by Section
674.
(2) An affidavit in support of the application stating the place
of residence or place of business of the person sought to be
examined.
(3) Any necessary affidavit or showing for the examination as
required by Section 708.110 or 708.120.
(4) The filing fee for a motion as provided in subdivision (a) of
Section 70617 of the Government Code.
SEC. 39. Section 724.100 of the Code of Civil Procedure is amended
to read:
724.100. (a) If satisfaction of a judgment has been entered in
the register of actions, the court clerk shall issue a certificate of
satisfaction of judgment upon application therefor and payment of
the fee as provided in subdivision (a) of Section 70626 of the
Government Code.
(b) The certificate of satisfaction of judgment shall contain the
following information:
(1) The title of the court.
(2) The cause and number of the action.
(3) The names of the judgment creditor and the judgment debtor.
(4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
(5) The date of entry of satisfaction of judgment and where it was
entered in the register of actions.
SEC. 40. Section 1134 of the Code of Civil Procedure is amended to
read:
1134. (a) The statement required by Section 1133 shall be filed
with the clerk of the court in which the judgment is to be entered,
who must endorse upon it, and enter a judgment of the court for the
amount confessed with the costs provided in subdivision (b).
(b) At the time of filing, the plaintiff shall pay as court costs
that shall become a part of the judgment the fee as provided in
subdivision (b) of Section 70626 of the Government Code. No fee shall
be collected from the defendant..
(c) The statement and affidavit, with the judgment endorsed
thereon, together with the certificate filed pursuant to Section
1132, becomes the judgment roll.
SEC. 41. Section 1161.2 of the Code of Civil Procedure is amended
to read:
1161.2. (a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only as follows:
(1) To a party to the action, including a party's attorney.
(2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.
(3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number and shows proof of
residency.
(4) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
(5) To any other person 60 days after the complaint has been
filed, unless a defendant prevails in the action within 60 days of
the filing of the complaint, in which case the clerk may not allow
access to any court records in the action, except as provided in
paragraphs (1) to (4), inclusive.
(b) For purposes of this section, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subdivision (a).
(c) Upon the filing of any case so restricted, the court clerk
shall mail notice to each defendant named in the action. The notice
shall be mailed to the address provided in the complaint. The notice
shall contain a statement that an unlawful detainer complaint
(eviction action) has been filed naming that party as a defendant,
and that access to the court file will be delayed for 60 days except
to a party, an attorney for one of the parties, or any other person
who (1) provides to the clerk the names of at least one plaintiff and
one defendant in the action and provides to the clerk the address,
including any applicable apartment, unit, or space number, of the
subject premises, or (2) provides to the clerk the name of one of the
parties in the action or the case number and can establish through
proper identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the court
index, register of actions, or other records is not permitted until
60 days after the complaint is filed, except pursuant to an order
upon a showing of good cause therefor. The notice shall contain on
its face the name and telephone number of the county bar association
and the name and telephone number of an office funded by the federal
Legal Services Corporation that provides legal services to low-income
persons in the county in which the action is filed. The notice shall
state that these numbers may be called for legal advice regarding
the case. The notice shall be issued between 24 and 48 hours of the
filing of the complaint, excluding weekends and holidays. One copy of
the notice shall be addressed to "all occupants" and mailed
separately to the subject premises. The notice shall not constitute
service of the summons and complaint.
(d) Notwithstanding any other provision of law, the court shall
charge an additional fee of fifteen dollars ($15) for filing a first
appearance by the plaintiff. This fee shall be added to the uniform
filing fee for actions filed under this chapter.
(e) This section does not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
SEC. 42. Section 1174.25 of the Code of Civil Procedure is amended
to read:
1174.25. (a) Any occupant who is served with a prejudgment claim
of right to possession in accordance with Section 415.46 may file a
claim as prescribed in Section 415.46, with the court within 10 days
of the date of service of the prejudgment claim to right of
possession as shown on the return of service, which period shall
include Saturday and Sunday but excluding all other judicial
holidays. If the last day for filing the claim falls on a Saturday or
Sunday, the filing period shall be extended to and including the
next court day. Filing the prejudgment claim of right to possession
shall constitute a general appearance for which a fee shall be
collected as provided in Section 70614 of the Government Code.
Section 68511.3 of the Government Code applies to the prejudgment
claim of right to possession.
(b) At the time of filing, the claimant shall be added as a
defendant in the action for unlawful detainer and the clerk shall
notify the plaintiff that the claimant has been added as a defendant
in the action by mailing a copy of the claim filed with the court to
the plaintiff with a notation so indicating. The claimant shall
answer or otherwise respond to the summons and complaint within five
days, including Saturdays and Sundays but excluding all other
judicial holidays, after filing the prejudgment claim of possession.
Thereafter, the name of the claimant shall be added to any pleading,
filing or form filed in the action for unlawful detainer.
SEC. 43. Section 1174.3 of the Code of Civil Procedure is amended
to read:
1174.3. (a) Unless a prejudgment claim of right to possession has
been served upon occupants in accordance with Section 415.46, any
occupant not named in the judgment for possession who occupied the
premises on the date of the filing of the action may object to
enforcement of the judgment against that occupant by filing a claim
of right to possession as prescribed in this section. A claim of
right to possession may be filed at any time after service or posting
of the writ of possession pursuant to subdivision (a) or (b) of
Section 715.020, up to and including the time at which the levying
officer returns to effect the eviction of those named in the judgment
of possession. Filing the claim of right to possession shall
constitute a general appearance for which a fee shall be collected as
provided in Section 70614 of the Government Code. Section 68511.3 of
the Government Code applies to the claim of right to possession. An
occupant or tenant who is named in the action shall not be required
to file a claim of right to possession to protect that occupant's
right to possession of the premises.
(b) The court issuing the writ of possession of real property
shall set a date or dates when the court will hold a hearing to
determine the validity of objections to enforcement of the judgment
specified in subdivision (a). An occupant of the real property for
which the writ is issued may make an objection to eviction to the
levying officer at the office of the levying officer or at the
premises at the time of the eviction.
If a claim of right to possession is completed and presented to
the sheriff, marshal, or other levying officer, the officer shall
forthwith (1) stop the eviction of occupants at the premises, and (2)
provide a receipt or copy of the completed claim of right of
possession to the claimant indicating the date and time the completed
form was received, and (3) deliver the original completed claim of
right to possession to the court issuing the writ of possession of
real property.
(c) A claim of right to possession is effected by any of the
following:
(1) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, an amount equal to 15 days' rent
together with the appropriate fee or form for proceeding in forma
pauperis. Upon receipt of a claim of right to possession, the
sheriff, marshal, or other levying officer shall indicate thereon the
date and time of its receipt and forthwith deliver the original to
the issuing court and a receipt or copy of the claim to the claimant
and notify the plaintiff of that fact. Immediately upon receipt of an
amount equal to 15 days' rent and the appropriate fee or form for
proceeding in forma pauperis, the court shall file the claim of right
to possession and serve an endorsed copy with the notice of the
hearing date on the plaintiff and the claimant by first-class mail.
The court issuing the writ of possession shall set and hold a hearing
on the claim not less than five nor more than 15 days after the
claim is filed with the court.
(2) Presenting a completed claim form in person with
identification to the sheriff, marshal, or other levying officer as
prescribed in this section, and delivering to the court within two
court days after its presentation, the appropriate fee or form for
proceeding in forma pauperis without delivering the amount equivalent
to 15 days' rent. In this case, the court shall immediately set a
hearing on the claim to be held on the fifth day after the filing is
completed. The court shall notify the claimant of the hearing date at
the time the claimant completes the filing by delivering to the
court the appropriate fee or form for proceeding in forma pauperis,
and shall notify the plaintiff of the hearing date by first-class
mail. Upon receipt of a claim of right to possession, the sheriff,
marshal, or other levying officer shall indicate thereon the date and
time of its receipt and forthwith deliver the original to the
issuing court and a receipt or copy of the claim to the claimant and
notify the plaintiff of that fact.
(d) At the hearing, the court shall determine whether there is a
valid claim of possession by the claimant who filed the claim, and
the court shall consider all evidence produced at the hearing,
including, but not limited to, the information set forth in the
claim. The court may determine the claim to be valid or invalid based
upon the evidence presented at the hearing. The court shall
determine the claim to be invalid if the court determines that the
claimant is an invitee, licensee, guest, or trespasser. If the court
determines the claim is invalid, the court shall order the return to
the claimant of the amount of the 15 days' rent paid by the claimant,
if that amount was paid pursuant to paragraph (1) or (3) of
subdivision (c), less a pro rata amount for each day that enforcement
of the judgment was delayed by reason of making the claim of right
to possession, which pro rata amount shall be paid to the landlord.
If the court determines the claim is valid, the amount equal to 15
days' rent paid by the claimant shall be returned immediately to the
claimant.
(e) If, upon hearing, the court determines that the claim is
valid, then the court shall order further proceedings as follows:
(1) If the unlawful detainer is based upon a curable breach, and
the claimant was not previously served with a proper notice, if any
notice is required, then the required notice may at the plaintiff's
discretion be served on the claimant at the hearing or thereafter. If
the claimant does not cure the breach within the required time, then
a supplemental complaint may be filed and served on the claimant as
defendant if the plaintiff proceeds against the claimant in the same
action. For the purposes of this section only, service of the
required notice, if any notice is required, and of the supplemental
complaint may be made by first-class mail addressed to the claimant
at the subject premises or upon his or her attorney of record and, in
either case, Section 1013 shall otherwise apply. Further proceedings
on the merits of the claimant's continued right to possession after
service of the Summons and Supplemental Complaint as prescribed by
this subdivision shall be conducted pursuant to this chapter.
(2) In all other cases, the court shall deem the unlawful detainer
Summons and Complaint to be amended on their faces to include the
claimant as defendant, service of the Summons and Complaint, as thus
amended, may at the plaintiff's discretion be made at the hearing or
thereafter, and the
claimant thus named and served as a defendant in the action shall
answer or otherwise respond within five days thereafter.
(f) If a claim is made without delivery to the court of the
appropriate filing fee or a form for proceeding in forma pauperis, as
prescribed in this section, the claim shall be immediately deemed
denied and the court shall so order. Upon the denial of the claim,
the court shall immediately deliver an endorsed copy of the order to
the levying officer and shall serve an endorsed copy of the order on
the plaintiff and claimant by first-class mail.
(g) If the claim of right to possession is denied pursuant to
subdivision (f), or if the claimant fails to appear at the hearing
or, upon hearing, if the court determines that there are no valid
claims, or if the claimant does not prevail at a trial on the merits
of the unlawful detainer action, the court shall order the levying
officer to proceed with enforcement of the original writ of
possession of real property as deemed amended to include the
claimant, which shall be effected within a reasonable time not to
exceed five days. Upon receipt of the court's order, the levying
officer shall enforce the writ of possession of real property against
any occupant or occupants.
(h) The claim of right to possession shall be made on the
following form:
SEC. 44. Section 1218 of the Code of Civil Procedure is amended to
read:
1218. (a) Upon the answer and evidence taken, the court or judge
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), payable to the court, or he or she may be
imprisoned not exceeding five days, or both. In addition, a person
who is subject to a court order as a party to the action, or any
agent of this person, who is adjudged guilty of contempt for
violating that court order may be ordered to pay to the party
initiating the contempt proceeding the reasonable attorney's fees and
costs incurred by this party in connection with the contempt
proceeding.
(b) No party, who is in contempt of a court order or judgment in a
dissolution of marriage, dissolution of domestic partnership, or
legal separation action, shall be permitted to enforce such an order
or judgment, by way of execution or otherwise, either in the same
action or by way of a separate action, against the other party. This
restriction shall not affect nor apply to the enforcement of child or
spousal support orders.
(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:
(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or to be
imprisoned up to 120 hours, for each count of contempt.
(2) Upon the second finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, in
addition to ordering imprisonment of the contemner up to 120 hours,
for each count of contempt.
(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:
(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community service of
up to 240 hours, for each count of contempt.
(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's administration
and supervision, while assigned to a community service program
pursuant to this paragraph.
(4) The court shall take parties' employment schedules into
consideration when ordering either community service or imprisonment,
or both.
SEC. 45. Section 1852 of the Family Code is amended to read:
1852. (a) There is in the State Treasury the Family Law Trust
Fund.
(b) Moneys collected by the state pursuant to subdivision (c) of
Section 103625 of the Health and Safety Code, Section 70674 of the
Government Code, and grants, gifts, or devises made to the state from
private sources to be used for the purposes of this part shall be
deposited into the Family Law Trust Fund.
(c) Moneys deposited in the Family Law Trust Fund shall be placed
in an interest bearing account. Any interest earned shall accrue to
the fund and shall be disbursed pursuant to subdivision (d).
(d) Money deposited in the Family Law Trust Fund shall be
disbursed for purposes specified in this part and for other family
law related activities.
(e) Moneys deposited in the Family Law Trust Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate the administration of the fund to
the Administrative Office of the Courts.
(f) Any moneys in the Family Law Trust Fund that are unencumbered
at the end of the fiscal year are automatically appropriated to the
Family Law Trust Fund of the following year.
(g) In order to defray the costs of collection of these funds,
pursuant to this section, the local registrar, county clerk, or
county recorder may retain a percentage of the funds collected, not
to exceed 10 percent of the fee payable to the state pursuant to
subdivision (c) of Section 103625 of the Health and Safety Code.
SEC. 46. Section 31622 of the Food and Agricultural Code is
amended to read:
31622. (a) After the hearing conducted pursuant to Section 31621,
the owner or keeper of the dog shall be notified in writing of the
determination and orders issued, either personally or by first-class
mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3 (commencing
with Section 31641) in accordance with a time schedule established by
the chief officer of the public pound or animal control department
or the head of the local law enforcement agency, but in no case more
than 30 days after the date of the determination or 35 days if notice
of the determination is mailed to the owner or keeper of the dog. If
the petitioner or the owner or keeper of the dog contests the
determination, he or she may, within five days of the receipt of the
notice of determination, appeal the decision of the court or hearing
entity of original jurisdiction. The fee for filing an appeal,
payable to the clerk of the court, is as provided in subdivision (b)
of Section 70626 of the Government Code. If the original hearing held
pursuant to Section 31621 was before a hearing entity other than a
court of the jurisdiction, appeal shall be to the superior court. If
the original hearing was held in the superior court, appeal shall be
to the superior court before a judge other than the judge who
originally heard the petition. The petitioner or the owner or keeper
of the dog shall serve personally or by first-class mail, postage
prepaid, notice of the appeal upon the other party.
(b) The court hearing the appeal shall conduct a hearing de novo,
without a jury, and make its own determination as to potential danger
and viciousness and make other orders authorized by this chapter,
based upon the evidence presented. The hearing shall be conducted in
the same manner and within the time periods set forth in Section
31621 and subdivision (a). The court may admit all relevant evidence,
including incident reports and the affidavits of witnesses, limit
the scope of discovery, and may shorten the time to produce records
or witnesses. The issue shall be decided upon the preponderance of
the evidence. If the court rules the dog to be potentially dangerous
or vicious, the court may establish a time schedule to ensure
compliance with this chapter, but in no case more than 30 days
subsequent to the date of the court's determination or 35 days if the
service of the judgment is by first-class mail.
SEC. 47. Section 24350.5 of the Government Code is repealed.
SEC. 48. Section 24353 of the Government Code is amended to read:
24353. Each officer of a county or of a superior court authorized
to collect money shall pay into the county treasury all money
collected by him or her, or under his or her control, that is payable
into the treasury in a timely manner, and shall remit fee, fine, and
forfeiture data within 35 days after the end of the month in which
they are collected to the county auditor and treasurer in the form
they require. No officer who collects money as described in this
section shall be required to accept payment in coin. If the county
auditor finds that an officer of the county or an officer of the
court has failed to comply with the requirements for payment of
moneys pursuant to this section or Section 68101, which directly
results in the assessment of a financial penalty pursuant to Section
68085, the county department or superior court that failed to comply
shall reimburse the county general fund in an amount equal to the
actual penalty. With the approval of the treasurer as provided in
Section 27080.1, each depositing officer may deposit directly into
the treasurer's active account all money payable into the county
treasury. On and after January 1, 2006, this section does not apply
to money collected under Chapter 5.8 (commencing with Section 70600)
of Title 8 or fees and fines to which Section 68085.1 applies.
SEC. 49. Section 26820 of the Government Code is amended to read:
26820. The county clerk shall charge and collect the fees fixed
in this article for service performed by the clerk, when not
otherwise provided by law.
SEC. 50. Section 26820.4 of the Government Code is amended and
renumbered to read:
70611. The uniform fee for filing the first paper in a civil
action or proceeding in the superior court, other than in a limited
civil case, an adoption proceeding, a proceeding under the Probate
Code, or a proceeding under the Family Code, is three hundred twenty
dollars ($320). The fee shall be distributed as provided in Section
68085.3.
This section applies to the initial complaint, petition, or
application, and the papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
SEC. 51. Section 26820.6 of the Government Code is repealed.
SEC. 52. Section 26820.7 of the Government Code is repealed.
SEC. 53. Section 26822.3 of the Government Code is repealed.
SEC. 54. Section 26823 of the Government Code is amended and
renumbered to read:
70618. When the venue in a case is changed, the fee for making up
and transmitting the transcript and papers is fifty dollars ($50)
and a further sum equal to the uniform fee for filing in the court to
which the case is transferred. The clerk shall transmit the uniform
filing fee with the papers in the case to the clerk or judge of the
court to which the case is transferred.
SEC. 55. Section 26824 of the Government Code is amended and
renumbered to read:
70621. (a) The fee for filing a notice of appeal to the appellate
division of the superior court in a limited civil case is one
hundred dollars ($100). The Judicial Council may make rules governing
the time and method of payment and providing for excuse.
(b) The fee shall be distributed as follows:
(1) To the county law library fund as provided in Section 6320 of
the Business and Professions Code, the amount specified in Sections
6321 and 6322.1 of the Business and Professions Code.
(2) To the Trial Court Trust Fund, the remainder of the fee.
SEC. 56. Section 26826 of the Government Code is amended and
renumbered to read:
70612. (a) The uniform fee for filing the first paper in the
action described in Section 70611 on behalf of any defendant,
intervenor, respondent, or adverse party, whether separately or
jointly, except for the purpose of making disclaimer, is three
hundred twenty dollars ($320). The fee shall be distributed as
provided in Section 68085.3.
(b) As used in this section, the term "paper" does not include
a stipulation for the appointment of a temporary judge or of a
court investigator, or the report made by the court investigator.
SEC. 57. Section 26826.1 of the Government Code is amended and
renumbered to read:
70622. In addition to the uniform filing fee authorized pursuant
to Section 70611, 70612, 70613, 70614, 70650, 70651, 70652, 70653,
70655, or 70670, after giving notice and holding a public hearing on
the proposal, the Board of Supervisors of Riverside County may impose
a surcharge not to exceed fifty dollars ($50) for the filing in
superior court of (a) a complaint, petition, or other first paper in
a civil or probate action or special proceeding, (b) a first paper on
behalf of any defendant, respondent, intervenor, or adverse party,
(c) a petition for dissolution of marriage, dissolution of domestic
partnership, legal separation, or nullity of marriage, (d) a response
to such a petition, or (e) a first paper on behalf of any party in a
proceeding under Section 98.2 of the Labor Code. The county shall
notify in writing the Superior Court of Riverside County and the
Administrative Office of the Courts of any change in a surcharge
under this section. When a surcharge under this section is imposed on
a filing fee, the distribution that would otherwise be made to the
State Court Facilities Construction Fund under subdivision (c) of
Section 68085.3 or subdivision (c) of Section 68085.4 shall be
reduced as provided in Section 70603.
(b) The surcharge shall be in an amount determined to be necessary
by the board of supervisors to cover the costs of the seismic
stabilization, construction, and rehabilitation of the Riverside
County Courthouse, the Indio Branch Courthouse, and the family law
courthouse, and collection thereof shall terminate upon repayment of
the amortized costs incurred. When the amortized costs have been
repaid, the county shall notify in writing the Superior Court of
Riverside County and the Administrative Office of the Courts.
SEC. 58. Section 26826.2 of the Government Code is repealed.
SEC. 59. Section 26826.3 of the Government Code is amended and
renumbered to read:
70640. (a) It is the policy of the state that each court shall
endeavor to provide a children's waiting room in each courthouse for
children whose parents or guardians are attending a court hearing as
a litigant, witness, or for other court purposes as determined by the
court. To defray that expense, monthly allocations for children's
waiting rooms shall be added to the monthly apportionment under
subdivision (a) of Section 68085 for each court where a children's
waiting room has been established or where the court has elected to
establish such a service.
(b) The amount allocated to each court under this section shall be
equal to the following: for each first paper filing fee as provided
under Section 70611, 70612, 70613, 70614, or 70670, and each first
paper or petition filing fee in a probate matter as provided under
Section 70650, 70651, 70652, 70653, 70654, 70655, 70656, or 70658,
the same amount as was required to be collected as of December 31,
2005, to the Children's Waiting Room Fund under former Section
26826.3 in the county in which the court is located when a fee was
collected for the filing of a first paper in a civil action under
former Section 26820.4.
(c) Notwithstanding any other provision of law, the court may make
expenditures from these allocations in payment of any cost,
excluding capital outlay, related to the establishment and
maintenance of the children's waiting room, including personnel,
heat, light, telephone, security, rental of space, furnishings, toys,
books, or any other item in connection with the operation of a
children's waiting room.
(d) If, as of January 1, 2006, there is a Children's Waiting Room
Fund in the county treasury established under former Section 26826.3,
the county immediately shall transfer the moneys in that fund to the
court's operations fund as a restricted fund. By December 15, 2005,
the county shall provide an accounting of the fund to the
Administrative Office of the Courts.
(e) After January 1, 2006, the court may apply to the Judicial
Council for an adjustment of the amount distributed to the fund for
each uniform filing fee. A court that wishes to establish a children'
s waiting room, and does not yet have a distribution under this
section, may apply to the Judicial Council for such a distribution.
Applications under this subdivision shall be made according to trial
court financial policies and procedures authorized by the Judicial
Council under subdivision (a) of Section 77206. Adjustments and new
distributions shall be effective January 1 or July 1 of any year
beginning January 1, 2006.
(f) The distribution to a court under this section per each filing
fee shall be not less than two dollars ($2) and not more than five
dollars ($5).
SEC. 60. Section 26826.4 of the Government Code is amended and
renumbered to read:
70616. (a) In addition to the first appearance fee required by
Section 70611 or 70613, a complex case fee shall be paid to the clerk
at the time of the filing of the first paper if the case is
designated as complex pursuant to the California Rules of Court.
However, the total complex fees collected from all plaintiffs
appearing in a complex case shall not exceed ten thousand dollars
($10,000).
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, at the time that party files its first paper
in a case if the case is designated or counterdesignated as complex
pursuant to the California Rules of Court. This additional complex
fee shall be charged to each defendant, intervenor, respondent, or
adverse party appearing in the case, but the total complex fees
collected from all the defendants, intervenors, respondents, or other
adverse parties appearing in a complex case shall not exceed ten
thousand dollars ($10,000).
(c) In each case in which a court determines that the case is a
complex case pursuant to the California Rules of Court, all parties
who have not paid the fees required under subdivision (a) or (b)
shall pay the complex case fee prescribed by those subdivisions to
the clerk of the court within 10 calendar days of the filing of the
court's order.
(d) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(e) (1) In each case determined to be complex in which the total
fees actually collected exceed, or if collected would exceed, the
limit in subdivision (a), the court shall make any order as is
necessary to ensure that the total complex fees paid by the
plaintiffs appearing in the case do not exceed the limit and that the
complex fees paid by the plaintiffs are apportioned fairly among the
plaintiffs.
(2) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(f) The complex case fee established by this section shall be five
hundred fifty dollars ($550), unless the fee is reduced pursuant to
this section. The fee shall be transmitted to the Trial Court Trust
Fund as provided in Section 68085.1.
(g)
The fees provided by this section are in addition to the filing
fee authorized by Section 70611, 70612, 70613, or 70614.
(h) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(i) The complex fees provided for in this section shall be charged
in all complex cases filed on or after August 18, 2003.
SEC. 61. Section 26827 of the Government Code, as amended by
Section 4 of Chapter 757 of the Statutes of 2003, is amended and
renumbered to read:
70650. (a) The uniform filing fee for the first petition for
letters of administration or letters testamentary, or the first
petition for special letters of administration with the powers of a
general personal representative pursuant to Section 8545 of the
Probate Code, or a first account of a trustee of a testamentary trust
that is subject to the continuing jurisdiction of the court pursuant
to Chapter 4 (commencing with Section 17300) of Part 5 of Division 9
of the Probate Code is, as follows:
(1) Three hundred twenty dollars ($320) for estates or trusts
under two hundred fifty thousand dollars ($250,000).
(2) Three hundred eighty-five dollars ($385) for estates or trusts
of at least two hundred fifty thousand dollars ($250,000) and less
than five hundred thousand dollars ($500,000).
(3) Four hundred eighty-five dollars ($485) for estates or trusts
of at least five hundred thousand dollars ($500,000) and less than
seven hundred fifty thousand dollars ($750,000).
(4) Six hundred thirty-five dollars ($635) for estates or trusts
of at least seven hundred fifty thousand dollars ($750,000) and less
than one million dollars ($1,000,000).
(5) One thousand one hundred thirty-five dollars ($1,135) for
estates or trusts of at least one million dollars ($1,000,000) and
less than one million five hundred thousand dollars ($1,500,000).
(6) Two thousand one hundred thirty-five dollars ($2,135) for
estates or trusts of at least one million five hundred thousand
dollars ($1,500,000) and less than two million dollars ($2,000,000).
(7) Two thousand six hundred thirty-five dollars ($2,635) for
estates or trusts of at least two million dollars ($2,000,000) and
less than two million five hundred thousand dollars ($2,500,000).
(8) Three thousand six hundred thirty-five dollars ($3,635) for
estates or trusts of at least two million five hundred thousand
dollars ($2,500,000) and less than three million five hundred
thousand dollars ($3,500,000).
(9) Three thousand six hundred thirty-five dollars ($3,635) plus
0.2 percent of the amount over three million five hundred thousand
dollars ($3,500,000) for estates or trusts of three million five
hundred thousand dollars ($3,500,000) or more.
(b) The petitioner under subdivision (a) shall estimate the fair
market value of the decedent's estate at the date of the decedent's
death in the petition, without reference to encumbrances or other
obligations on estate property. The filing fee shall be determined
based on the estimate by the petitioner at the time the petition is
filed. If the final appraised value of the decedent's estate would
result in a filing fee different from the filing fee actually paid,
an adjustment shall be made at the time of the final account, under
rules adopted by the Judicial Council. The filing fee for a trustee
under subdivision (a) shall be based on the value of the trust shown
in the first account.
(c) The uniform filing fee for the first petition for special
letters of administration without the powers of a general personal
representative, the first objections to the probate of any will or
codicil under Section 8250 of the Probate Code, or the first petition
for revocation of probate of any will or codicil under Section 8270
of the Probate Code is three hundred twenty dollars ($320). Where
objections to the probate of a will or codicil or a petition for
revocation of probate of a will or codicil are filed together with a
petition for appointment of a personal representative described in
subdivision (d) filed by the same person, only the fee provided in
subdivision (d) shall be charged to that person.
(d) A fee of three hundred twenty dollars ($320) shall also be
charged for filing each subsequent petition or objections of a type
described in subdivision (a) or (c) in the same proceeding by a
person other than the original petitioner or contestant. If a person
is appointed on a subsequent petition and qualifies as administrator,
executor, or special administrator with the powers of a general
personal representative under subdivision (a), the successful
personal representative shall reimburse the original petitioner in
the amount of the filing fee paid by the original petitioner in
excess of three hundred twenty dollars ($320), less any unpaid costs
awarded to the successful petitioner against the original petitioner,
under rules adopted by the Judicial Council. The reimbursement shall
be an expense of administration in the estate.
(e) The first three hundred twenty dollars ($320) of the filing
fee charged under this section shall be distributed as provided in
Section 68085.3. The remainder shall be distributed to the Trial
Court Trust Fund.
SEC. 62. Section 26827 of the Government Code, as added by Section
10 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 63. Section 26827.1 of the Government Code is repealed.
SEC. 64. Section 26827.4 of the Government Code is repealed.
SEC. 65. Section 26827.5 of the Government Code is amended and
renumbered to read:
70659. Where the public administrator, public guardian, or public
conservator, or an employee of the State Department of Mental Health
or the State Department of Developmental Services is the petitioner
in an official capacity in a proceeding described in Section 70650,
70653, 70657, or 70658, the fee is payable only out of the assets of
the estate coming into the official's possession or control.
SEC. 66. Section 26827.6 of the Government Code is amended and
renumbered to read:
70660. (a) The fee for receiving and storing each document
transferred to the clerk of the superior court under Section 732 of
the Probate Code is twenty dollars ($20).
(b)
The superior court may reduce or waive the fee established
pursuant to this section under either of the following circumstances:
(1) The court has assumed jurisdiction under Article 11
(commencing with Section 6180) of Chapter 4 of Division 3 of the
Business and Professions Code over the law practice of the attorney
with whom the document is deposited.
(2) On a
showing of hardship.
SEC. 67. Section 26827.7 of the Government Code is amended and
renumbered to read:
70661. The fee for searching a document transferred to the clerk
of the superior court under Section 732 of the Probate Code is the
same as the fee under subdivision (c) of Section 70627 for searching
records or files.
SEC. 68. Section 26828 of the Government Code is repealed.
SEC. 69. Section 26829 of the Government Code is repealed.
SEC. 70. Section 26830 of the Government Code, as amended by
Section 11 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 71. Section 26830 of the Government Code, as added by Section
12 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 72. Section 26831 of the Government Code is amended to read:
26831. The county clerk may charge a reasonable fee to cover the
cost of preparing copies of any record, proceeding, or paper on file
in his or her office.
SEC. 73. Section 26832 of the Government Code is repealed.
SEC. 74. Section 26832.1 of the Government Code is amended and
renumbered to read:
70674. (a) Except as provided by Section 6103.9, and
notwithstanding the fee authorized by paragraph (4) of subdivision
(a) of Section 70626, a fee of ten dollars ($10) shall be paid by a
public agency applicant for a certified copy of a marriage or
domestic partnership dissolution record that the agency is required
to obtain in the ordinary course of business. A fee of fifteen
dollars ($15) shall be paid by any other applicant for a certified
copy of a marriage or domestic partnership dissolution record. Five
dollars ($5) of any fifteen dollar ($15) fee shall be transmitted
monthly to the state for deposit into the Family Law Trust Fund as
provided by Section 1852 of the Family Code. The remainder of the
fees collected under this section shall be deposited into the Trial
Court Trust Fund.
(b) As used in this section, "marriage or domestic partnership
dissolution record" means the judgment.
SEC. 75. Section 26833.1 of the Government Code is repealed.
SEC. 76. Section 26833.5 of the Government Code is amended and
renumbered to read:
70676. No fee shall be charged to an indigent petitioner for
certified copies of any order issued pursuant to any of the
following:
(a) Article 2 (commencing with Section 2045), Article 3
(commencing with Section 2047), or Article 4 (commencing with Section
2049) of Chapter 4 of Part 1 of Division 6 of the Family Code.
(b) Division 10 (commencing with Section 6200) of the Family Code.
(c) Article 2 (commencing with Section 7710), Article 3
(commencing with Section 7720), or Article 4 (commencing with Section
7730) of Chapter 6 of Part 3 of Division 12 of the Family Code.
SEC. 77. Section 26834 of the Government Code is repealed.
SEC. 78. Section 26835.1 of the Government Code is amended and
renumbered to read:
70629. (a) The clerk of the court shall collect a fee of fifteen
dollars ($15) per signature for any document that is required to be
authenticated pursuant to court order.
(b) Each document authenticated by the clerk of the court shall
contain the following statement: "____, Clerk of the Superior Court,
County of ____, State of California. Signed pursuant to court order
dated ____ in the matter of ____ petitioner v. ____, respondent, Case
No. ____."
SEC. 79. Section 26836.1 of the Government Code is repealed.
SEC. 80. Section 26837 of the Government Code is amended to read:
26837. For comparing with the original on file in the office of
the county clerk, the copy of any paper, record, or proceeding
prepared by another and presented for his or her certificate, the fee
is fifty cents ($0.50) a page, in addition to the fee for the
certificate.
SEC. 81. Section 26837.1 of the Government Code is repealed.
SEC. 82. Section 26838 of the Government Code is amended and
renumbered to read:
70620. The fee for a certificate required by courts of appeal or
the Supreme Court on filing a notice of motion prior to the filing of
the record on appeal in the reviewing court is twenty dollars ($20).
SEC. 83. Section 26840.3 of the Government Code is amended to
read:
26840.3. (a) For the support of the family conciliation court or
for conciliation and mediation services provided pursuant to Chapter
11 (commencing with Section 3160) of Part 2 of Division 8 of the
Family Code, to provide all space costs and indirect overhead costs
from other sources, the board of supervisors in any county may
increase:
(1) The fee for issuing a marriage license, by an amount not to
exceed five dollars ($5).
(2) The fee for issuing a marriage certificate pursuant to Part 4
(commencing with Section 500) of Division 3 of the Family Code, by an
amount not to exceed five dollars ($5).
(b) The county shall distribute the moneys received under
subdivision (a) to the court to be used exclusively to pay the costs
of maintaining the family conciliation court or conciliation and
mediation services provided pursuant to Chapter 11 (commencing with
Section 3160) of Part 2 of Division 8 of the Family Code.
SEC. 84. Section 26840.4 of the Government Code is repealed.
SEC. 85. Section 26841 of the Government Code is repealed.
SEC. 86. Section 26850.1 of the Government Code is repealed.
SEC. 87. Section 26851.1 of the Government Code is repealed.
SEC. 88. Section 26852.1 of the Government Code is repealed.
SEC. 89. Section 26853.1 of the Government Code is repealed.
SEC. 90. Section 26855.4 of the Government Code is repealed.
SEC. 91. Section 26856 of the Government Code is repealed.
SEC. 92. Section 26857 of the Government Code is amended to read:
26857. No fee shall be charged by the clerk for service rendered
to any municipality or county in the state, or to the state or
national government, nor for any service relating thereto.
SEC. 93. Section 26857.5 of the Government Code is amended and
renumbered to read:
70673. Notwithstanding any other provision of law, no fee shall
be charged to file a respondent's appearance, stipulation if any, and
waiver of rights in the action under the Service members Civil
Relief Act (50 U.S.C. App. Secs. 501 to 596, inclusive) in an action
for dissolution of marriage or domestic partnership, legal
separation, or nullity, or to establish parentage, in any case
wherein the respondent is a member of the armed forces of the United
States and does not contest the action for dissolution of marriage or
domestic partnership, legal separation, or nullity, or to establish
parentage.
SEC. 94. Section 26859 of the Government Code is repealed.
SEC. 95. Section 26862 of the Government Code is amended and
renumbered to read:
70678. In addition to the fee set forth in Section 70677, a fee
of twenty-five dollars ($25) shall be paid to the clerk of the court
at the time of filing a motion, order to show cause, or other
proceeding seeking to modify or enforce that portion of any judgment
or order entered in this state or any other state which orders or
awards the custody of a minor child or children or which specifies
the rights of any party to the proceeding to visitation of a minor
child or children. Fifteen dollars ($15) of the fee authorized in
this section shall be used exclusively to pay the costs of
maintaining mediation services provided under Chapter 11 (commencing
with Section 3160) of Part 2 of Division 8 of the Family Code, and
ten dollars ($10) of the fee shall be used exclusively to pay the
costs of services provided by the family law facilitator under
Section 10005 of the Family Code.
SEC. 96. Section 26863 of the Government Code is repealed.
SEC. 97. Section 27293 of the Government Code is amended to read:
27293. (a) Except as otherwise provided in subdivision (b), when
an instrument intended for record is executed or certified in whole
or in part in any language other than English, the recorder shall not
accept the instrument for record. A translation in English of an
instrument executed or certified in whole or in part in any language
other than English may be presented to the county clerk, and upon
verification that the translation is a true translation the clerk
shall duly make certification of the fact under seal of the county,
attach the certification to the translation, and attach the certified
translation to the original instrument. For this verification and
certification, a fee of one dollar and fifty cents ($1.50) shall be
paid for each folio contained in the translation. The attached
original instrument and certified translation may be presented to the
recorder, and upon payment of the usual fees the recorder shall
accept and permanently file the instrument and record the certified
translation. The recording of the certified translation gives notice
and is of the same effect as the recording of an original instrument.
Certified copies of the recorded translation may be recorded in
other counties, with the same effect as the recording of the original
translation; provided, however, that in those counties where
photostatic or photographic method of recording is employed, the
whole instrument, including the foreign language and the translation
may be recorded, and the original instrument returned to the party
leaving it for record or upon his or her order.
(b) The provisions of subdivision (a) do not apply to any
instrument offered for record that contains provisions in English and
a translation of the English provisions in any language other than
English, provided that the English provisions and the translation
thereof are specifically set forth in state or federal law.
SEC. 98. Section 54985 of the Government Code is amended to read:
54985. (a) Notwithstanding any other provision of law that
prescribes an amount or otherwise limits the amount of a fee or
charge that may be levied by a county, a county service area, or a
county waterworks district governed by a county board of supervisors,
a county board of supervisors shall have the authority to increase
or decrease the fee or charge, that is otherwise authorized to be
levied by another provision of law, in the amount reasonably
necessary to recover the cost of providing any product or service or
the cost of enforcing any regulation for which the fee or charge is
levied. The fee or charge may reflect the average cost of providing
any product or service or enforcing any regulation. Indirect costs
that may be reflected in the cost of providing any product or service
or the cost of enforcing any regulation shall be limited to those
items that are included in the federal Office of Management and
Budget Circular A-87 on January 1, 1984.
(b) If any person disputes whether a fee or charge levied pursuant
to subdivision (a) is reasonable, the board of supervisors may
request the county auditor to conduct a study and to determine
whether the fee or charge is reasonable.
Nothing in this subdivision shall be construed to mean that the
county shall not continue to be subject to fee review procedures
required by Article XIII B of the California Constitution.
(c) This chapter shall not apply to any of the following:
(1) Any fee charged or collected by a court clerk pursuant to
Chapter 5.5 (commencing with Section 116.110) of Title 1 of Part 1 of
the Code of Civil Procedure, Title 8 (commencing with Section 68070)
of the Government Code, or Section 103470 of the Health and Safety
Code, or any other fee or charge that may be assessed, charged,
collected, or levied pursuant to law for filing judicial documents or
for other judicial functions.
(2) Any fees charged or collected pursuant to Chapter 2
(commencing with Section 6100) of Division 7 of Title 1.
(3) Any standby or availability assessment or charge.
(4) Any fee charged or collected by a county agricultural
commissioner.
(5) Any fee charged or collected pursuant to Article 2.1
(commencing with Section 12240) of Chapter 2 of Division 5 of the
Business and Professions Code.
(6) Any fee charged or collected by a county recorder or local
registrar for filing, recording, or indexing any document, performing
any service, issuing any certificate, or providing a copy of any
document pursuant to Section 2103 of the Code of Civil Procedure,
Section 27361, 27361.1, 27361.2, 27361.3, 27361.4, 27361.8, 27364,
27365, or 27366 of the Government Code, Section 103625 of the Health
and Safety Code, or Section 9525 of the Commercial Code.
(7) Any fee charged or collected pursuant to Article 7 (commencing
with Section 26720) of Chapter 2 of Part 3 of Division 2 of Title 3
of the Government Code.
SEC. 99. Section 68084 of the Government Code is amended to read:
68084. (a) If any money is deposited with the clerk or judge of
any superior court pursuant to any action or proceeding in the court,
or pursuant to any order, decree, or judgment of the court, or when
any money is to be paid to the court to be held in trust pursuant to
any provision of this title or the Code of Civil Procedure, that
money shall be deposited as soon as practicable after the receipt
thereof with the treasurer and a duplicate receipt of the treasurer
for it shall be filed with the auditor. The certificate of the
auditor that a duplicate receipt has been filed is necessary before
the clerk, judge, or party required to deposit the money is entitled
to a discharge of the obligation imposed upon the clerk, judge, or
party to make the deposit.
(b) If any money so deposited or paid is to be withdrawn or paid
out, the order directing the payment or withdrawal shall require the
auditor to draw a warrant for it and the treasurer to pay it.
(c) This section does not apply to the following:
(1) Money collected under Chapter 5.8 (commencing with Section
70600) on or after January 1, 2006.
(2) Fees and fines to which Section 68085.1 applies.
(3) Money deposited or held in a bank account established by the
Judicial Council under subdivision (a) of Section 77009.
(d) This section shall apply to money held in a court trust
account in a county treasury on or after January 1, 2006. Commencing
January 1, 2006, the Judicial Council may require that money held in
a court trust account in a county treasury be deposited into an
independent court bank account established under subdivision (a) of
Section 77009.
SEC. 100. Section 68084.1 is added to the Government Code, to
read:
68084.1. (a) Except as otherwise provided by law, any money,
excluding restitution to victims, that has been deposited with a
superior court, or that a superior court is holding in trust for the
lawful owner, in a court bank account or in a court trust account in
a county treasury, that remains unclaimed for three years shall
become the property of the superior court if, after published notice
pursuant to this section, the money is not claimed or no verified
complaint is filed and served.
(b) At any time after the expiration of the three-year period
specified in subdivision (a), the executive officer of the superior
court may cause a notice to be published once a week for two
successive weeks in a newspaper of general circulation published in
the county in which the court is located. The notice shall state the
amount of money, the fund in which it is held, and that it is
proposed that the money will become the property of the court on a
designated date not less than 45 days nor more than 60 days after the
first publication of the notice.
(c) Before or after publication, a party of interest may file a
claim with the court executive officer that shall include the
claimant's name, address, amount of claim, the grounds on which the
claim is founded, and any other information that may be required by
the court executive officer. The claim shall be filed before the
designated date on which unclaimed money becomes the property of the
court as provided under subdivision (b), and the executive officer
shall accept or reject that claim.
(d) If the superior court executive officer rejects the claim, or
takes no action on the claim within 30 days after it is filed, the
party that submitted the claim may file a verified complaint seeking
to recover all, or a specified part, of the money in the court in the
county in which the notice is published. The copy of the complaint
and summons shall be served on the court executive officer. The court
executive officer shall withhold the release of the portion of
unclaimed money for which a court action has been filed as provided
in this section until the court renders a decision or the claim is
settled.
(e) Notwithstanding subdivisions (c) and (d), the court executive
officer may release the unclaimed money to the depositor of the
unclaimed money, or the depositor's heir, beneficiary, or duly
appointed representative, if the depositor or the depositor's heir,
beneficiary, or duly appointed representative claims the money before
the date that the money becomes the property of the superior court,
upon submitting proof satisfactory to the court executive officer.
(f) If no claim is filed under subdivision (c) and the time for
filing claims has expired, the money shall become the property of the
court. If a claim or claims are filed with respect to a portion of
the money, but not the remainder of the money, and the time for
filing claims under subdivision (c) has expired, the remainder of the
money shall become the property of the court.
(g) Notwithstanding any other provision of this section, the
presiding judge may direct the transfer of any individual deposit of
twenty dollars ($20) or less, or any amount if the name of the
original depositor is unknown, that remains unclaimed for one year to
the Trial Court Operations Fund without the need for publication of
notice.
(h) The court executive officer may delegate the responsibilities
provided in this section to appropriate superior court staff.
(i) When any money deposited and held under this section becomes
the property of a superior court, the presiding judge shall transfer
it to the Trial Court Operations Fund.
SEC. 101. Section 68085 of the Government Code is amended to read:
68085. (a) (1) There is hereby established the Trial Court Trust
Fund, the proceeds of which shall be apportioned at least quarterly
for the purpose of funding trial court operations, as defined in
Section 77003. Apportionment payments may not exceed 30 percent of
the total annual apportionment to the Trial Court Trust Fund for
state trial court funding in any 90-day period.
(2) The apportionment payments shall be made by the Controller.
The final payment from the Trial Court Trust Fund for each fiscal
year shall be made on or before August 31 of the subsequent fiscal
year.
(3) If apportionment payments are made on a quarterly basis, the
payments shall be on July 15, October 15, January 15, and April 15.
In addition to quarterly payments, a final payment from the Trial
Court Trust Fund for each fiscal year may be made on or before August
31 of the subsequent fiscal year.
(4) Notwithstanding any other provision of law, in order to
promote statewide efficiency, the Judicial Council may authorize the
direct payment or reimbursement or both of actual costs from the
Trial Court Trust Fund or the Trial Court Improvement Fund to fund
administrative infrastructure within the Administrative Office of the
Courts, such as legal services, financial services, information
systems services, human resource services, and support services, for
one or more participating courts upon appropriation of funding for
these purposes in the annual Budget Act. The amount of appropriations
from the Trial Court Improvement Fund under this subdivision may not
exceed 20 percent of the amount deposited in the Trial Court
Improvement Fund pursuant to subdivision (a) of Section 77205. Upon
prior written approval of the Director of Finance, the Judicial
Council may also authorize an increase in any reimbursements or
direct payments in excess of the amount appropriated in the annual
Budget Act. For any increases in reimbursements or direct payments
within the fiscal year that exceed two hundred thousand dollars
($200,000), the Director of Finance shall provide notification in
writing of any approval granted under this section, not less than 30
days prior to the effective date of that approval, to the chairperson
of the committee in each house of the Legislature that considers
appropriations, the chairpersons of the committees and the
appropriate subcommittees in each house of the Legislature that
consider the annual Budget Act, and the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser time
the Chairperson of the Joint Legislative Budget Committee, or his or
her designee, may in each instance, determine. The direct payment or
reimbursement of costs from the Trial Court Trust Fund may be
supported by the reduction of a participating court's allocation from
the Trial Court Trust Fund to the extent that the court's
expenditures for the program are reduced and the court is supported
by the program. The Judicial Council shall provide the affected trial
courts with quarterly reports on expenditures from the Trial Court
Trust Fund incurred as authorized by this subdivision. The Judicial
Council shall establish procedures to provide for the administration
of this paragraph in a way that promotes the effective, efficient,
reliable, and accountable operation of the trial courts.
(b) Notwithstanding any other provision of law, the fees listed in
subdivision (c) shall all be deposited upon collection in a special
account in the county treasury, and transmitted monthly to the
Controller for deposit in the Trial Court Trust Fund.
(c) (1) Except as specified in subdivision (d), this section
applies to all fees collected on or before December 31, 2005,
pursuant to Sections 631.3, 116.230, and 403.060 of the Code of Civil
Procedure and Sections 26820.4, 26823, 26826, 26826.01, 26827,
26827.4, 26830, 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26838,
26850.1, 26851.1, 26852.1, 26853.1, 26855.4, 26862, 27081.5, 68086,
72055, 72056, 72056.01, and 72060.
(2) Notwithstanding any other provision of law, except as
specified in subdivision (d), this section applies to all fees and
fines collected on or before December 31, 2005, pursuant to Sections
116.390, 116.570, 116.760, 116.860, 177.5, 491.150, 704.750, 708.160,
724.100, 1134, 1161.2, and 1218 of the Code of Civil Procedure,
Sections 26824, 26828, 26829, 26834, and 72059 of the Government
Code, and Sections 166 and 1214.1 of the Penal Code.
(3) If any of the fees provided for in this subdivision are
partially waived by court order, and the fee is to be divided between
the Trial Court Trust Fund and any other fund, the amount of the
partial waiver shall be deducted from the amount to be distributed to
each fund in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
that is allocated for dispute resolution pursuant to Section 470.3 of
the Business and Professions Code, the county law library pursuant
to Section 6320 of the Business and Professions Code, the Judges'
Retirement Fund pursuant to Section 26822.3, automated recordkeeping
or conversion to micrographics pursuant to Sections 26863 and
68090.7, and courthouse financing pursuant to Section 76238. This
section also does not apply to fees collected pursuant to
subdivisions (a) and (c) of Section 27361.
(e) This section applies to all payments required to be made to
the State Treasury by any county or city and county pursuant to
Section 77201, 77201.1, or 77205.
(f) Notwithstanding any other provision of law, no agency may take
action to change the amounts allocated to any of the funds described
in subdivision (a), (b), (c), or (d).
(g) The Judicial Council shall reimburse the Controller for the
actual administrative costs that will be incurred under this section.
Costs reimbursed under this section shall be determined on an annual
basis in consultation with the Judicial Council.
(h) Any amounts required to be transmitted by a county or city and
county to the state pursuant to this section shall be remitted to
the Controller no later than 45 days after the end of the month in
which the fees were collected. This remittance shall be accompanied
by a remittance advice identifying the collection month and the
appropriate account in the Trial Court Trust Fund to which it is to
be deposited. Any remittance that is not made by the county or city
and county in accordance with this section shall be considered
delinquent, and subject to the penalties specified in this section.
(i) Upon receipt of any delinquent payment required pursuant to
this section, the Controller shall calculate a penalty on any
delinquent payment by multiplying the amount of the delinquent
payment at a daily rate equivalent to 1 1/2 percent per month for the
number of days the payment is delinquent. Notwithstanding Section
77009, any penalty on a delinquent payment that a court is required
to reimburse to a county's general fund pursuant to this section and
Section 24353 shall be paid from the Trial Court Operations Fund for
that court.
(j) Penalty amounts calculated pursuant to subdivision (i) shall
be paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
(k) The Trial Court Trust Fund shall be invested in the Surplus
Money Investment Fund and all interest earned shall be allocated to
the Trial Court Trust Fund quarterly and shall be allocated among the
courts in accordance with the requirements of subdivision (a). The
specific allocations shall be specified by the Judicial Council.
(l) It is the intent of the Legislature that the revenues required
to be deposited into the Trial Court Trust Fund be remitted as soon
after collection by the courts as possible.
(m) Except for subdivisions (a) and (k), this section does not
apply to fees and fines that are listed in subdivision (a) of Section
68085.1 that are collected on or after January 1, 2006.
SEC. 102. Section 68085.1 is added to the Government Code, to
read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, and 1218 of, subdivision (g)
of Section 411.20 and
subdivision (g) of Section 422.21 of, and Chapter 5.5 (commencing
with Section 116.110) of Title 1 of Part 1 of, the Code of Civil
Procedure.
(2) Section 31622 of the Food and Agricultural Code.
(3) Sections 68086 and 68086.1, subdivision (d) of Section
68511.3, Section 68926.1 of, and Chapter 5.8 (commencing with Section
70600) of, this code.
(4) Section 103470 of the Health and Safety Code.
(5) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(6) Sections 1835, 1851.5, 2343, 7660, and 13201 of the Probate
Code.
(7) Sections 14607.6, 16373, and 40230 of the Vehicle Code.
(8) Section 71386 of this code and Section 1513.1 of the Probate
Code, if the reimbursement is for expenses incurred by the court.
(b) On and after January 1, 2006, each superior court shall
deposit the fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. The deposits shall be made as required by rules adopted
by, or financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court shall provide the Administrative Office of the Courts with a
report of the fees by categories as specified by the Administrative
Office of the Courts. The fees and fines listed in subdivision (a)
shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Section
116.760 of the Code of Civil Procedure, subdivision (b) of Section
68085.3, subdivision (b) of Section 68085.4, and Section 70621 of
this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, subdivision (d) of
Section 68511.3 and Sections 68926.1, 69953.5, 70627, 70631, 70640,
70661, 70678, and 71386 of this code, and Sections 1513.1, 1835,
1851.5, and 2343 of the Probate Code, shall be added to the monthly
apportionment for that court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
SEC. 103. Section 68085.2 is added to the Government Code, to
read:
68085.2. (a) Notwithstanding Section 77201.1, commencing with the
2005-06 fiscal year, the amount of each county's annual remittance
to the Trial Court Trust Fund under paragraph (2) of subdivision (b)
of Section 77201.1 shall be reduced by the amount determined under
this section. In the 2005-06 fiscal year, the remittance shall be
reduced by one-half the amount determined in subdivision (b). In the
2006-07 fiscal year and thereafter, the remittance shall be reduced
in each fiscal year by the full amount determined in subdivision (b).
(b) The amount of the reduction under this section for each county
shall be the actual receipts into the county general fund for
retention by the county for civil fees under Sections 26823, 26827.4,
26830, 26832, 26832.1, 26833.1, 26835.1, 26836.1, 26837.1, 26838,
26850.1, 26851.1, 26852.1, 26853.1, 26855.4, and 72060 of this code
and Section 116.230 of the Code of Civil Procedure for the fiscal
year ending June 30, 2004. This reduction is intended to compensate
the counties for the loss of the revenue, as measured by receipts for
the 2003-04 fiscal year, that was allocated to them from these fees
by statute before January 1, 2006.
(c) In each county, the superior court and the county shall
exchange relevant information to determine the amount of reduction
they believe is correct under subdivision (b) and jointly report it
to the California State Association of Counties (CSAC) and the
Administrative Office of the Courts (AOC) on or before January 1,
2006. If the superior court and the county do not agree on the
amount, the superior court and the county shall each report the
amount it believes is correct to the CSAC and the AOC on or before
January 1, 2006.
(d) The AOC and the CSAC shall agree on the amount of the
reduction for each county on or before January 1, 2006. If a court
or county disagrees with the amount agreed to by the AOC and the CSAC
for that county, the court or county may appeal to the AOC and the
CSAC for an adjustment. The CSAC and the AOC shall determine whether
to make any requested adjustment.
(e) If the CSAC and the AOC do not agree on the amount of the
reduction for a county, they may request a mutually agreed-upon third
party to arbitrate and determine the amount. The amount shall be
determined by March 1, 2006.
SEC. 104. Section 68085.3 is added to the Government Code, to
read:
68085.3. (a) Fees collected under Sections 70611, 70612, 70650,
70651, 70652, 70653, 70655, and 70670 shall be deposited in a bank
account established by the Administrative Office of the Courts for
deposit of fees collected by the courts.
(b) For each three hundred twenty dollar ($320) fee listed in
subdivision (a), and each fee listed in paragraphs (2) to (9),
inclusive, of subdivision (a) of Section 70650, the Administrative
Office of the Courts shall distribute specified amounts in each
county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each three
hundred twenty dollar ($320) fee listed in subdivision (a), and each
fee listed in paragraphs (2) to (9), inclusive, of subdivision (a) of
Section 70650, the Controller shall make deposits as follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
thirty-five dollars ($35).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 105. Section 68085.4 is added to the Government Code, to
read:
68085.4. (a) Fees collected under Sections 70613, 70614, 70654,
70656, and 70658 shall be deposited in a bank account established by
the Administrative Office of the Courts for deposit of fees collected
by the courts.
(b) For each three hundred dollar ($300) fee and each one hundred
eighty dollar ($180) fee listed in subdivision (a), the
Administrative Office of the Courts shall distribute specified
amounts in each county as follows:
(1) To the county law library fund, the amount described in
Sections 6321 and 6322.1 of the Business and Professions Code.
(2) To the account to support dispute resolution programs, the
amount described in Section 470.5 of the Business and Professions
Code.
(c) The remainder of the fees in subdivision (a) shall be
transmitted monthly to the Treasurer for deposit. For each three
hundred dollar ($300) fee and each one hundred eighty dollar ($180)
fee listed in subdivision (a), the Controller shall make deposits as
follows:
(1) To the State Court Facilities Construction Fund, as provided
in Article 6 (commencing with Section 70371) of Chapter 5.7,
twenty-five dollars ($25) if the fee is three hundred dollars ($300),
and twenty dollars ($20) if the fee is one hundred eighty dollars
($180).
(2) To the Judges' Retirement Fund, as established in Section
75100, two dollars and fifty cents ($2.50).
(3) To the Trial Court Trust Fund for use as part of the Equal
Access Fund program administered by the Judicial Council, four
dollars and eighty cents ($4.80).
(4) To the Trial Court Trust Fund, as provided in Section 68085.1,
the remainder of the fee.
(d) If any of the fees listed in subdivision (a) are reduced or
partially waived, the amount of the reduction or partial waiver shall
be deducted from the amount to be distributed to each fund or
account in the same proportion as the amount of each distribution
bears to the total amount of the fee.
(e) As used in this section, "law library fund" includes a law
library account described in Section 6320 of the Business and
Professions Code.
SEC. 106. Section 68086 of the Government Code is amended to read:
68086. (a) The following provisions apply in superior court:
(1) In addition to any other fee required in civil actions or
cases, for each proceeding lasting more than one hour, a fee equal to
the actual cost of providing that service shall be charged per
one-half day of services to the parties, on a pro rata basis, for the
services of an official court reporter on the first and each
succeeding judicial day those services are provided pursuant to
Section 269 of the Code of Civil Procedure.
(2) All parties shall deposit their pro rata shares of these fees
with the clerk of the court as specified by the court, but not later
than the conclusion of each day's court session.
(3) For purposes of this section, "one-half day" means any period
of judicial time, in excess of one hour but not more than four hours,
during either the morning or afternoon court session.
(4) The costs for the services of the official court reporter
shall be recoverable as taxable costs by the prevailing party as
otherwise provided by law.
(5) The Judicial Council shall adopt rules to ensure all of the
following:
(A) That parties are given adequate and timely notice of the
availability of an official court reporter.
(B) That if an official court reporter is not available, a party
may arrange for the presence of a certified shorthand reporter to
serve as an official pro tempore reporter, the costs therefore
recoverable as provided in paragraph (4).
(C) That if the services of an official pro tempore reporter are
utilized pursuant to subparagraph (B), no other charge will be made
to the parties.
(b) The fees collected pursuant to this section shall be used only
to pay the cost for services of an official court reporter in civil
proceedings.
(c) The Judicial Council shall report on or before February 1 of
each year to the Joint Legislative Budget Committee on the total fees
collected and the total amount spent for official court reporter
services in civil proceedings in the prior fiscal year.
SEC. 107. Section 68086.1 is added to the Government Code, to
read:
68086.1. (a) Commencing January 1, 2006, for each three hundred
twenty dollar ($320) fee collected under any of the sections listed
in subdivision (a) of Section 68085.3 and each fee collected under
paragraphs (2) to (9), inclusive, of subdivision (a) of Section
70650, twenty-five dollars ($25) of the amount distributed to the
Trial Court Trust Fund shall be used for court reporter services in
civil proceedings.
(b) Commencing January 1, 2006, for each three hundred dollar
($300) fee collected under any of the sections listed in subdivision
(a) of Section 68085.4, twenty-five dollars ($25) of the amount
distributed to the Trial Court Trust Fund shall be used for court
reporter services in civil proceedings.
SEC. 108. Section 68087 of the Government Code is repealed.
SEC. 109. Section 68087.1 of the Government Code is repealed.
SEC. 110. Section 68090.7 of the Government Code is repealed.
SEC. 111. Section 68090.8 of the Government Code is amended to
read:
68090.8. (a) (1) The Legislature finds that the management of
civil and criminal cases, including traffic cases, and the accounting
for funds in the trial courts requires these courts to implement
appropriate levels of automation.
(2) The purpose of this section is to make a fund available for
the development of automated systems, including automated accounting,
automated data collection through case management systems, and
automated case-processing systems for the trial courts, together with
funds to train operating personnel, and for the maintenance and
enhancement of the systems.
(3) Automated data collection shall provide the foundation for
planning, research, and evaluation programs that are generated from
within and outside of the judicial branch. This system shall be a
resource to the courts, the Judicial Council and its committees, the
Administrative Office of the Courts, the Legislature, the Governor,
and the public. During the developmental stage and prior to the
implementation of the system, the Legislature shall make
recommendations to the Judicial Council as to the breadth and level
of detail of the data to be collected.
(b) Prior to making any other required distribution, the county
treasurer shall transmit 2 percent of all fines, penalties, and
forfeitures collected in criminal cases, including, but not limited
to, moneys collected pursuant to Chapter 12 (commencing with Section
76000) of Title 8 of this code, Section 13003 of the Fish and Game
Code, Section 11502 of the Health and Safety Code, and Chapter 1
(commencing with Section 1427) of Title 11 of Part 2 of the Penal
Code, into the Trial Court Improvement Fund established pursuant to
Section 77209, to be used exclusively to pay the costs of automated
systems for the trial courts, as described in paragraph (2) of
subdivision (a). These systems shall meet Judicial Council
performance standards, including production of reports as needed by
the state, the counties, and local governmental entities.
SEC. 112. Section 68101 of the Government Code is amended to read:
68101. (a) Whenever pursuant to law the state is entitled to
receive any portion of any money, forfeited bail or fines received by
a judge of any court, that portion shall as soon as practicable
after the receipt thereof, be deposited with the county treasurer of
the county in which that court is situated, and paid, by warrant of
the county auditor drawn upon a requisition of the clerk or judge of
the court, at least once a month to the Treasurer to be deposited in
the State Treasury. Any remittance not made pursuant to this section
or Section 24353 shall be considered delinquent and subject to
Section 68085.
(b) Any judge imposing or collecting those fines or forfeitures
shall keep a record of them and at least monthly transmit a record
thereof to the county auditor. The county auditor shall transmit a
record of the imposition, collection and payment of such fines or
forfeitures to the Controller at the time of transmittal of each
warrant to the Treasurer pursuant to this section.
(c) Commencing January 1, 2006, this section does not apply to
money collected under Chapter 5.8 (commencing with Section 70600) or
fees and fines to which Section 68085.1 applies.
SEC. 113. Section 68511.3 of the Government Code is amended to
read:
68511.3. (a) The Judicial Council shall formulate and adopt
uniform forms and rules of court for litigants proceeding in forma
pauperis. These rules shall provide for all of the following:
(1) Standard procedures for considering and determining
applications for permission to proceed in forma pauperis, including,
in the event of a denial of permission, a written statement detailing
the reasons for denial and an evidentiary hearing where there is a
substantial evidentiary conflict.
(2) Standard procedures to toll relevant time limitations when a
pleading or other paper accompanied by the application is timely
lodged with the court and delay is caused due to the processing of
the application to proceed in forma pauperis.
(3) Proceeding in forma pauperis at every stage of the proceedings
at both the appellate and trial levels of the court system.
(4) The confidentiality of the financial information provided to
the court by these litigants.
(5) That the court may authorize the clerk of the court, county
financial officer, or other appropriate county officer to make
reasonable efforts to verify the litigant's financial condition
without compromising the confidentiality of the application.
(6) That permission to proceed in forma pauperis be granted to all
of the following:
(A) Litigants who are receiving benefits pursuant to the
Supplemental Security Income (SSI) and State Supplemental Payments
(SSP) programs (Sections 12200 to 12205, inclusive, of the Welfare
and Institutions Code), the California Work Opportunity and
Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing
with Section 11200) of Part 3 of Division 9 of the Welfare and
Institutions Code), the Food Stamp program (7 U.S.C. Sec. 2011 et
seq.), or Section 17000 of the Welfare and Institutions Code.
(B) Litigants whose monthly income is 125 percent or less of the
current monthly poverty line annually established by the Secretary of
Health and Human Services pursuant to the Omnibus Budget
Reconciliation Act of 1981, as amended.
(C) Other persons when in the court's discretion, this permission
is appropriate because the litigant is unable to proceed without
using money which is necessary for the use of the litigant or the
litigant's family to provide for the common necessaries of life.
(b) (1) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (A) of paragraph (6) of subdivision
(a) shall declare under penalty of perjury that they are receiving
the benefits and may voluntarily provide the court with their date of
birth and social security number or their Medi-Cal identification
number to permit the court to verify the applicant's receipt of
public assistance. The court may require any applicant, except a
defendant in an unlawful detainer action, who chooses not to disclose
his or her social security number for verification purposes to
attach to the application documentation of benefits to support the
claim and all other financial information on a form promulgated by
the Judicial Council for this purpose.
(2) Litigants who apply for permission to proceed in forma
pauperis pursuant to subparagraph (B) or (C) of paragraph (6) of
subdivision (a) shall file a financial statement under oath on a form
promulgated by, and pursuant to rules adopted by, the Judicial
Council.
(c) The forms and rules adopted by the Judicial Council shall
provide for the disclosure of the following information about the
litigant:
(1) Current street address.
(2) Occupation and employer.
(3) Monthly income and expenses.
(4) Address and value of any real property owned directly or
beneficially.
(5) Personal property with a value that exceeds five hundred
dollars ($500).
The information furnished by the litigant shall be used by the
court in determining his or her ability to pay all or a portion of
the fees and costs.
(d) At any time after the court has granted a litigant permission
to proceed in forma pauperis and prior to final disposition of the
case, the clerk of the court, county financial officer, or other
appropriate county officer may notify the court of any changed
financial circumstances which may enable the litigant to pay all or a
portion of the fees and costs which had been waived. The court may
authorize the clerk of the court, county financial officer, or other
appropriate county officer to require the litigant to appear before
and be examined by the person authorized to ascertain the validity of
their indigent status. However, no litigant shall be required to
appear more than once in any four-month period. A litigant proceeding
in forma pauperis shall notify the court within five days of any
settlement or monetary consideration received in settlement of this
litigation and of any other change in financial circumstances that
affects the litigant's ability to pay court fees and costs. After the
litigant either (1) appears before and is examined by the person
authorized to ascertain the validity of his or her indigent status or
(2) notifies the court of a change in financial circumstances, the
court may then order the litigant to pay to the county the sum and in
any manner the court believes is compatible with the litigant's
financial ability.
In any action or proceeding in which the litigant whose fees and
costs have been waived would have been entitled to recover those fees
and costs from another party to the action or proceeding had they
been paid, the court may assess the amount of the waived fees and
costs against the other party and order the other party to pay that
sum to the county or to the clerk and serving and levying officers
respectively, or the court may order the amount of the waived fees
and costs added to the judgment and so identified by the clerk.
Execution may be issued on any order provided for in this
subdivision in the same manner as on a judgment in a civil action.
When an amount equal to the sum due and payable to the clerk has been
collected upon the judgment, these amounts shall be remitted to the
clerk within 30 days. Thereafter, when an amount equal to the sum due
to the serving and levying officers has been collected upon the
judgment, these amounts shall be due and payable to those officers
and shall be remitted within 30 days. If the remittance is not
received by the clerk within 30 days or there is a filing of a
partial satisfaction of judgment in an amount at least equal to the
fees and costs payable to the clerk or a satisfaction of judgment has
been filed, notwithstanding any other provision of law, the court
may issue an abstract of judgment, writ of execution, or both for
recovery of those sums, plus the fees for issuance and execution and
an additional fee for administering this section. The court shall
establish a fee, not to exceed actual costs of administering this
subdivision and in no case exceeding twenty-five dollars ($25), which
shall be added to the writ of execution.
(e) Notwithstanding subdivision (a), a person who is sentenced to
imprisonment in a state prison or confined in a county jail and,
during the period of imprisonment or
confinement, files a civil action or notice of appeal of
a civil action in forma pauperis shall be required to pay the full
amount of the filing fee to the extent provided in this subdivision.
(1) In addition to the form required by this section for filing in
forma pauperis, an inmate shall file a copy of a statement of
account for any sums due to the inmate for the six-month period
immediately preceding the filing of the civil action or notice of
appeal of a civil action. This copy shall be certified by the
appropriate official of the Department of Corrections or a county
jail.
(2) Upon filing the civil action or notice of appeal of a civil
action, the court shall assess, and when funds exist, collect, as a
partial payment of any required court fees, an initial partial filing
fee of 20 percent of the greater of one of the following:
(A) The average monthly deposits to the inmate's account.
(B) The average monthly balance in the inmate's account for the
six-month period immediately preceding the filing of the civil action
or notice of appeal.
(3) After payment of the initial partial filing fee, the inmate
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the inmate's account. The
Department of Corrections shall forward payments from this account to
the clerk of the court each time the amount in the account exceeds
ten dollars ($10) until the filing fees are paid.
(4) In no event shall the filing fee collected pursuant to this
subdivision exceed the amount of fees permitted by law for the
commencement of a civil action or an appeal of a civil action.
(5) In no event shall an inmate be prohibited from bringing a
civil action or appeal of a civil action solely because the inmate
has no assets and no means to pay the initial partial filing fee.
SEC. 114. Section 68926.1 of the Government Code is amended to
read:
68926.1. (a) Upon filing a notice of appeal for which a fee is
paid pursuant to Section 68926, the appellant shall deposit the sum
of one hundred dollars ($100) with the clerk of the originating
court. The deposit shall be credited against the amount chargeable
for the preparation of the clerk's transcript or any other appeal
processing or notification.
The deposit shall be forfeited in the event of abandonment or
dismissal of appeal prior to filing of the record in the reviewing
court.
The amount charged for preparation of the transcript or any
deposit that is forfeited shall be distributed to the court in which
it was collected.
(b) Upon filing a notice of appeal, a petition for a writ, or a
petition for a hearing for which a fee is paid pursuant to Section
68926 or 68927, the appellant shall pay an additional fee in the
amount of one hundred seventy dollars ($170). The fees collected
pursuant to this subdivision shall be transmitted to the State
Treasury for deposit in the Appellate Court Trust Fund.
SEC. 115. Section 69926.5 of the Government Code is amended to
read:
69926.5. (a) To ensure and maintain adequate funding for court
security, a surcharge of twenty dollars ($20) is added to the total
fee collected pursuant to Section 26820.4, 26826, 26827, 72055, or
72056.
(b) In addition to the surcharge in subdivision (a), a surcharge
of twenty dollars ($20) is added to the total filing fee collected in
a case pursuant to Section 26820.4, 26826, or 26827, a surcharge of
twenty dollars ($20) is added to the total filing fee collected in a
limited civil case pursuant to Section 72055 or 72056 where the
amount demanded, excluding attorney's fees and costs, is in excess of
ten thousand dollars ($10,000), and a surcharge of ten dollars ($10)
is added to the total filing fee collected in a limited civil case
pursuant to Section 72055 or 72056 where the amount demanded,
excluding attorney's fees and costs, is ten thousand dollars
($10,000), or less. The surcharges in this subdivision shall be
collected in cases filed from January 1, 2004, to December 31, 2005,
inclusive. The purpose of this surcharge is to stabilize funding for
court security at the current level and is not intended to increase
the funding available for court security in the 2004-05 and 2005-06
fiscal years.
(c) Notwithstanding any other provision of law, the surcharges
collected pursuant to subdivisions (a) and (b) shall all be deposited
in a special account in the county treasury, and transmitted
therefrom monthly to the Controller for deposit in the Trial Court
Trust Fund.
(d) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2006, deletes or extends
that date.
SEC. 116. Section 69953.5 of the Government Code is amended to
read:
69953.5. Notwithstanding any other provision of law, whenever a
daily transcript is ordered in a civil case requiring the services of
more than one phonographic reporter, the party requesting the daily
transcript, in addition to any other required fee, shall pay a fee
per day, or portion thereof, equal to the per diem rate for pro
tempore reporters established by statute, local rule, or ordinance
for the services of each additional reporter for the first day and
each subsequent day the additional reporters are required. This fee
shall be distributed to the court in which it was collected to offset
the cost of the additional reporter.
SEC. 117. Section 70373 of the Government Code is repealed.
SEC. 118. Section 70373.5 of the Government Code is repealed.
SEC. 119. Section 70375 of the Government Code is amended to read:
70375. (a) This article shall take effect on January 1, 2003, and
the fund, penalty, and fee assessment established by this article
shall become operative on January 1, 2003, except as otherwise
provided in this article.
(b) In each county, the amount authorized by Section 70372 shall
be reduced by the following:
(1) The amount collected for deposit into the local courthouse
construction fund established pursuant to Section 76100.
(2) The amount collected for transmission to the state for
inclusion in the Transitional State Court Facilities Construction
Fund established pursuant to Section 70401 to the extent it is funded
by money from the local courthouse construction fund.
(c)
The authority for all of the following shall expire proportionally
as of the date of transfer of responsibility for facilities from the
county to the Judicial Council, except so long as money is needed to
pay for construction provided for in those sections and undertaken
prior to the transfer of responsibility for facilities from the
county to the Judicial Council:
(1) An additional penalty for a local courthouse construction fund
established pursuant to Section 76100.
(2) A filing fee surcharge in the County of Riverside established
pursuant to Section 70622.
(3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
(4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625.
(d) For purposes of subdivision (c), the term "proportionally"
means that proportion of the fee or surcharge that shall expire upon
the transfer of responsibility for a facility that is the same
proportion as the square footage that facility bears to the total
square footage of court facilities in that county.
SEC. 120. Section 70402 of the Government Code is amended to read:
70402. (a) Any amount in either a county's courthouse
construction fund established by Section 76100, a fund established by
Section 70622 in the County of Riverside, a fund established by
Section 70624 in the County of San Bernardino, and a fund established
by Section 70625 in the City and County of San Francisco, shall be
transferred to the State Court Facilities Construction Fund at the
later of the following:
(1) The date of the last transfer of responsibility for court
facilities from the county to the Judicial Council or June 30, 2007,
whichever is earlier.
(2) The date of the final payment of the bonded indebtedness for
any court facility that is paid from that fund is retired.
(b) If the responsibility for one or more facilities does not
transfer, the county's courthouse construction fund shall retain that
portion of the total money in the fund as the square footage of the
facilities that do not transfer bears to the total square footage of
court facilities in that county.
SEC. 121. Chapter 5.8 (commencing with Section 70600) is added to
Title 8 of the Government Code, to read:
CHAPTER 5.8. SUPERIOR COURT FEES
Article 1. Civil Fees Generally
70600. It is the intent of the Legislature to establish a uniform
schedule of filing fees and other civil fees for the superior courts
throughout the state. This chapter shall be known, and may be cited,
as the Uniform Civil Fees and Standard Fee Schedule Act of 2005.
70601. (a) It is the intent of the Legislature to establish a
moratorium on increases in filing fees until January 1, 2008. No fee
provided for in this chapter may be changed before January 1, 2008,
except as may be required by the following:
(1) Legislative implementation of recommendations of the Task
Force on County Law Libraries.
(2) Legislative implementation of recommendations for changes to
the graduated filing fee for petitions in probate proceedings under
subdivision (a) of Section 70650.
(b) The Judicial Council shall establish a Task Force on Civil
Fees, including, but not limited to, representatives from the trial
courts, the counties, the county law libraries, and the State Bar. On
or before February 1, 2007, the task force shall make
recommendations to the Judicial Council and the Legislature on the
following:
(1) The effectiveness of the uniform fee structure, any
operational or revenue problems, and how to address these issues.
(2) Whether a fee differential should be implemented based on the
number of cases a party files in a year.
(3) A process to adjust fees in the future to accommodate
inflation and other factors affecting operating costs for trial
courts and county programs that rely on court fees.
70603. (a) Except as provided in this section, the fees charged
for filings and services under this chapter are intended to be
uniform statewide and to be the only allowable fees for those
services and filings. The only charges that may be added to the fees
in this chapter are the following:
(1) In a complex case, the fee provided for in Section 70616 may
be added to the first paper and first responsive paper filing fees in
Sections 70611, 70612, 70613, and 70614.
(2) In an unlawful detainer action subject to Section 1161.2 of
the Code of Civil Procedure, a charge of fifteen dollars ($15) as
provided under that section may be added to the fee in Section 70613
for filing a first appearance by a plaintiff.
(3) In Riverside County, a surcharge as provided in Section 70622
may be added to the first paper and first responsive paper filing
fees in Sections 70611, 70612, 70613, 70614, 70650, 70651, 70652,
70653, 70655, and 70670.
(4) In San Bernardino County, a surcharge as provided in Section
70624 may be added to the first paper and first responsive paper
filing fees in Sections 70611, 70612, 70650, 70651, 70652, 70653,
70655, and 70670.
(5) In the City and County of San Francisco, a surcharge as
provided in Section 70625 may be added to the first paper and first
responsive paper filing fees in Sections 70611, 70612, 70613, 70614,
70650, 70651, 70652, 70653, 70655, and 70670.
(b) Notwithstanding paragraph (1) of subdivision (c) of Section
68085.3 and paragraph (1) of subdivision (c) of Section 68085.4, when
a charge for courthouse construction in the county or city and
county of San Francisco, Riverside, or San Bernardino is added to the
uniform filing fee as provided under paragraph (3), (4), or (5) of
subdivision (a), the amount distributed to the State Court Facilities
Construction Fund under Section 68085.3 or 68085.4 shall be reduced
by an amount equal to the charge added under paragraph (3), (4), or
(5) of subdivision (a), up to the amount that would otherwise be
distributed to the State Court Facilities Construction Fund. If the
amount added under paragraph (3), (4), or (5) of subdivision (a) is
greater than the amount that would be distributed to the State Court
Facilities Construction Fund under Section 68085.3 or 68085.4, no
distribution shall be made to the State Court Facilities Construction
Fund, but the amount charged to the party may be greater than the
amount of the uniform fee otherwise allowed, in order to collect the
surcharge under paragraph (3), (4), or (5) of subdivision (a).
(c) If a filing fee is reduced by fifteen dollars ($15) under
subdivision (d) of Section 6322.1 of the Business and Professions
Code, and a courthouse construction surcharge is added to the filing
fee as provided under paragraph (3), (4), or (5) of subdivision (a),
the amount distributed to the State Court Facilities Construction
Fund under Section 68085.4 shall be reduced as provided in
subdivision (b). If the amount added under paragraph (3), (4), or (5)
of subdivision (a) is greater than the amount that would be
distributed to the State Court Facilities Construction Fund under
Section 68085.4, no distribution shall be made to the State Court
Facilities Construction Fund, but the amount charged to the party may
be greater than one hundred sixty-five dollars ($165), in order to
collect the surcharge under paragraph (3), (4), or (5) of subdivision
(a).
70617. (a) Except as provided in subdivision (d), the uniform fee
for filing a motion, application, or any other paper requiring a
hearing subsequent to the first paper, is forty dollars ($40). Papers
for which this fee shall be charged include the following:
(1) A motion listed in paragraphs (1) to (12), inclusive, of
subdivision (a) of Section 1005 of the Code of Civil Procedure.
(2) A motion or application to continue a trial date.
(3) An application for examination of a third person controlling
defendant's property under Section 491.110 or 491.150 of the Code of
Civil Procedure.
(4) Discovery motions under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure.
(5) A motion for a new trial of any civil action or special
proceeding.
(6) An application for an order for a judgment debtor examination
under Section 708.110 or 708.160 of the Code of Civil Procedure.
(7) An application for an order of sale of a dwelling under
Section 704.750 of the Code of Civil Procedure.
(8) An ex parte application that requires a party to give notice
of the ex parte appearance to other parties.
(b) There shall be no fee under subdivision (a) for filing any of
the following:
(1) A motion, application, or demurrer that is the first paper
filed in an action and on which a first paper filing fee is paid.
(2) An amended notice of motion.
(3) A civil case management statement.
(4) A request for trial de novo after judicial arbitration.
(5) A stipulation that does not require an order.
(6) A request for an order to prevent civil harassment.
(7) A request for an order to prevent domestic violence.
(8) A request for entry of default or default judgment.
(9) A paper requiring a hearing on a petition for emancipation of
a minor.
(10) A paper requiring a hearing on a petition for an order to
prevent abuse of an elder or dependent adult.
(11) A paper requiring a hearing on a petition for a writ of
review, mandate, or prohibition.
(12) A paper requiring a hearing on a petition for a decree of
change of name or gender.
(13) A paper requiring a hearing on a petition to approve the
compromise of a claim of a minor.
(c) The fee for filing the following papers not requiring a
hearing is twenty dollars ($20):
(1) A request, application, or motion for, or a notice of, the
continuance of a hearing or case management conference. The fee shall
be charged no more than once for each continuance. The fee shall not
be charged if the continuance is required by the court.
(2) A stipulation and order.
(d) The fee for filing a motion for summary judgment or summary
adjudication of issues is two hundred dollars ($200).
(e) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (c), and (d) apply separately to each motion or
other paper filed. The Judicial Council may publish rules to give
uniform guidance to courts in applying fees under this section.
70619. The fee for reclassification of a case from a limited
civil case to an unlimited civil case under Section 403.060 of the
Code of Civil Procedure is one hundred forty dollars ($140).
70626. (a) The fee for each of the following services is fifteen
dollars ($15). Amounts collected shall be distributed to the Trial
Court Trust Fund under Section 68085.1.
(1) Issuing a writ of attachment, a writ of mandate, a writ of
execution, a writ of sale, a writ of possession, a writ of
prohibition, or any other writ for the enforcement of any order or
judgment.
(2) Issuing an abstract of judgment.
(3) Issuing a certificate of satisfaction of judgment under
Section 724.100 of the Code of Civil Procedure.
(4) Certifying a copy of any paper, record, or proceeding on file
in the office of the clerk of any court.
(5) Taking an affidavit, except in criminal cases or adoption
proceedings.
(6) Acknowledgment of any deed or other instrument, including the
certificate.
(7) Recording or registering any license or certificate, or
issuing any certificate in connection with a license, required by
law, for which a charge is not otherwise prescribed.
(8) Issuing any certificate for which the fee is not otherwise
fixed.
(b) The fee for each of the following services is twenty dollars
($20). Amounts collected shall be distributed to the Trial Court
Trust Fund under Section 68085.1.
(1) Issuing an order of sale.
(2) Receiving and filing an abstract of judgment rendered by a
judge of another court and subsequent services based on it, unless
the abstract of judgment is filed under Section 704.750 or 708.160 of
the Code of Civil Procedure.
(3) Filing a confession of judgment under Section 1134 of the Code
of Civil Procedure.
(4) Filing an application for renewal of judgment under Section
683.150 of the Code of Civil Procedure.
(5) Issuing a commission to take a deposition in another state or
place under Section 2026 of the Code of Civil Procedure.
(6) Filing and entering an award under the Workers' Compensation
Law (Division 4 (commencing with Section 3200) of the Labor Code).
(7) Filing an affidavit of publication of notice of dissolution of
partnership.
(8) Filing an appeal of a determination whether a dog is
potentially dangerous or vicious under Section 31622 of the Food and
Agricultural Code.
(9) Filing an affidavit under Section 13200 of the Probate Code,
together with the issuance of one certified copy of the affidavit
under Section 13202 of the Probate Code.
(10) Filing and indexing all papers for which a charge is not
elsewhere provided, other than papers filed in actions or special
proceedings, official bonds, or certificates of appointment.
70627. The fees collected under this section shall be distributed
to the court in which they were collected.
(a) The clerk of the court shall charge fifty cents ($0.50) per
page to cover the cost of preparing copies of any record, proceeding,
or paper on file in the clerk's office.
(b) For comparing with the original on file in the office of the
clerk of any court, the copy of any paper, record, or proceeding
prepared by another and presented for the clerk's certificate, the
fee is one dollar ($1) per page, in addition to the fee for the
certificate.
(c) The fee for a search of records or files conducted by a court
employee that requires more than 10 minutes is fifteen dollars ($15)
for each search.
70628. For an exemplification of a record or other paper on file,
the fee is twenty dollars ($20) in addition to the charges allowed
for copying or comparing each page of the record or other paper.
70630. If the court has made videoconferencing services
available, the clerk of the court shall charge a reasonable fee to
cover the costs of permitting parties to appear by videoconferencing.
This fee shall be deposited into the Trial Court Trust Fund.
70631. In the absence of a statute or rule authorizing or
prohibiting a fee by the superior court for a particular service or
product, the court may charge a reasonable fee not to exceed the
costs of providing the service or product, if the Judicial Council
approves the fee. The fee shall be distributed to the court in which
it was collected.
70632. The clerk of the court shall charge a reasonable fee for
handling funds held in trust for non-court parties or entities. The
amount of the fee for handling the funds shall be based on rules
adopted by, or guidelines and policies authorized by, the Judicial
Council under subdivision (a) of Section 77206. This fee shall be
deposited into the Trial Court Trust Fund.
70633. (a) No fee shall be charged by the clerk for service
rendered to the petitioner in any adoption proceeding except as
provided in Section 103730 of the Health and Safety Code, nor shall
any fees be charged for any service to the state or for any
proceeding brought pursuant to Section 7841 of the Family Code to
declare a minor free from parental custody or control.
(b) No fee shall be charged by the clerk for services rendered in
any criminal action unless otherwise specifically authorized by law,
except that the clerk may charge the fee specified in Section 70627
for making or certifying to a copy of any filed paper, record, or
proceeding in a criminal action. If a criminal defendant has been
granted a fee waiver or the court finds that the defendant does not
have the ability to pay the fee, the court may reduce or waive the
fee.
(c) Except as permitted in subdivision (b), no fee shall be
charged by the clerk for service to any municipality or county in the
state, to the state government, nor to the United States of America
or any of its officers acting in his or her official capacity.
Article 2. Fees in Probate Proceedings
70651. (a) The uniform filing fee for objections or any other
paper in opposition to a petition or account described in subdivision
(a) of Section 70650, other than a petition described in subdivision
(d) of Section 70650, except for the purpose of making a disclaimer,
is three hundred twenty dollars ($320). If objections or any other
paper in opposition are filed together with a petition described in
subdivision (d) of Section 70650 by the same person, only the fee
provided in subdivision (d) of Section 70650 shall be charged to that
person.
(b) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
70652. (a) The uniform filing fee for each petition concerning
the internal affairs of a trust under Chapter 3 (commencing with
Section 17200) of Part 5 of Division 9 of the Probate Code, is three
hundred twenty dollars ($320).
(b) The uniform filing fee for each paper filed in opposition to a
petition under subdivision (a) is three hundred twenty dollars
($320).
(c) To avoid hardship, or for other good cause, the court may
direct the clerk of the court to refund all or any part of a filing
fee paid under this section.
(d) This section does not apply to petitions or opposition filed
concerning trusts created by court order under Article 10 (commencing
with Section 2580) of Chapter 6 of Part 3 of Division 4 of the
Probate Code, Article 1 (commencing with Section 3100) of Chapter 3
of Part 6 of Division 4 of the Probate Code, Article 1 (commencing
with Section 3600) of Chapter 4 of Part 8 of Division 4 of the
Probate Code, or first accounts or opposition to first accounts of
testamentary trustees described in Sections 70650 and 70651.
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
70653. (a) The uniform filing fee for a petition for appointment
of a conservator, a guardian of the estate, or a guardian of the
person and estate, pursuant to Division 4 (commencing with Section
1400) of the Probate Code, is three hundred twenty dollars ($320).
(b) Except as provided in subdivision (f), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) or (d) is three hundred twenty dollars ($320).
(c) If a competing petition for appointment of a guardian or
conservator subject to the fee under subdivision (a) is filed
together with opposition to the petition of another by the same
person, the person filing the competing petition and opposition shall
be charged a filing fee only for the competing petition.
(d) If a petition for appointment of a temporary guardian or
conservator is filed together with a petition under subdivision (a),
or a competing petition under subdivision (c) by the same person, the
person filing the petition for appointment of a temporary guardian
or conservator shall be charged a filing fee only for the petition
under subdivision (a) or (c).
(e) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
(f) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the proposed
conservatee, or the minor or a parent of the minor who is the subject
of a guardianship proceeding.
70654. (a) The uniform filing fee for a petition for appointment
of a guardian of the person only, is one hundred eighty dollars
($180).
(b) Except as provided in subdivision (e), the uniform filing fee
for objections or any other paper in opposition to a petition under
subdivision (a) is one hundred eighty dollars ($180).
(c) If a competing petition for appointment of a guardian subject
to the fee under subdivision (a) is filed together with opposition to
the petition of another by the same person, the person filing the
competing petition and opposition shall be charged a filing fee only
for the competing petition.
(d) If a petition for appointment of a temporary guardian is filed
together with a petition under subdivision (a), or a competing
petition under subdivision (c) by the same person, the person
filing the petition for
appointment of a temporary guardian shall be charged a filing fee
only for the petition under subdivision (a) or (c).
(e) No fee under this section shall be charged for objections or
any other paper in opposition filed by or on behalf of the minor or a
parent of the minor who is the subject of the proceeding.
(f) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(g) No other fees shall be charged for filing a paper under this
section in addition to the uniform filing fee provided for in this
section.
70655. (a) The uniform filing fee for a petition that commences
any of the proceedings under the Probate Code listed in subdivision
(c) is three hundred twenty dollars ($320).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is three hundred
twenty dollars ($320).
(c) This section applies to petitions or opposition concerning the
following proceedings:
(1) A petition for compromise of a minor's claim pursuant to
Section 3600 of the Probate Code.
(2) A petition to determine succession to real property pursuant
to Section 13151 of the Probate Code.
(3) A spousal or domestic partnership property petition pursuant
to Section 13650 of the Probate Code, except as provided in Section
13652 of the Probate Code.
(4) A petition to establish the fact of death to determine title
to real property under Section 200 of the Probate Code.
(5) A petition for an order concerning a particular transaction
pursuant to Section 3100 of the Probate Code.
(6) A petition concerning capacity determination and health care
decision for adult without conservator pursuant to Section 3200 of
the Probate Code.
(7) A petition concerning an advance health care directive
pursuant to Section 4766 of the Probate Code.
(8) A petition concerning a power of attorney pursuant to Section
4541 of the Probate Code.
(9) Any other petition that commences a proceeding under the
Probate Code not otherwise provided for in this article.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.3.
70656. (a) The uniform filing fee for a petition requesting an
order setting aside a decedent's estate of small value pursuant to
Section 6602 of the Probate Code, if no estate proceeding is pending
for the decedent, is one hundred eighty dollars ($180).
(b) The uniform filing fee for objections or any other paper filed
in opposition to a petition under subdivision (a) is one hundred
eighty dollars ($180).
(c) If a petition or objections or any other paper in opposition
under this section is filed concurrently with a petition for
appointment of a personal representative described in Section 70650,
the petitioner or objector shall be charged only for the filing fee
provided in Section 70650.
(d) The uniform filing fee charged under this section shall be
distributed as provided in Section 68085.4.
(e) Except as provided in subdivision (c), no other fee shall be
charged for filing a paper under this section in addition to the
uniform filing fee provided for in this section.
70657. (a) Except as provided in subdivision (d), the uniform fee
for filing a motion, application, or any other paper requiring a
hearing subsequent to the first paper is forty dollars ($40). Papers
for which this fee shall be charged include papers listed in
subdivision (a) of Section 70617 and the following:
(1) Pretrial and posttrial motions or applications in contested
litigation.
(2) Applications for ex parte relief.
(3) Petitions and objections or other papers in opposition to
petitions concerning the internal affairs of a trust that are not
subject to the filing fees provided in Section 70650, 70651, or
70652.
(4) Petitions and objections or other papers in opposition to
petitions filed subsequent to issuance of temporary letters of
guardianship or letters of guardianship in proceedings described in
Section 70654.
(5) Petitions or objections or other papers in opposition to
petitions filed subsequent to issuance of special letters of
administration or letters testamentary or of administration in
decedent's estate proceedings that are not subject to the fee
provided in Section 70658.
(b) There shall be no fee under subdivision (a) for filing any of
the papers listed under subdivision (b) of Section 70617.
(c) The summary judgment fee provided in subdivision (d) of
Section 70617 shall apply to summary judgment motions in proceedings
under the Probate Code.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
70658. (a) Except as provided in subdivisions (c) and (d), the
uniform fee for a petition or objections, or any other paper in
opposition to a petition for an appealable order under Section 1300
or 1301 of the Probate Code that is filed after issuance of letters
testamentary, letters of administration, letters of special
administration to a personal representative of a decedent's estate,
or letters of guardianship or conservatorship, or temporary
guardianship or conservatorship to a guardian or conservator, is one
hundred eighty dollars ($180).
(b) The uniform fee in subdivision (a) shall be distributed as
provided in Section 68085.4. No other fee shall be charged for filing
a paper under this section in addition to the uniform filing fee
provided for in this section.
(c) The fee provided in this section shall not be charged for
filing a petition or opposition to a petition in a proceeding under
Section 70654.
(d) The fee provided in this section shall not be charged to a
personal representative of a decedent's estate in a proceeding
commenced on or after August 18, 2003, for any petition filed in the
proceeding by the personal representative concerning any action
described in subdivision (a) or (b) of Section 10501 of the Probate
Code.
Article 3. Fees in Family Law Matters
70670. (a) The uniform fee for filing the first paper in a
proceeding under the Family Code, other than a proceeding for
dissolution of marriage or domestic partnership, legal separation, or
nullity, is three hundred twenty dollars ($320). The fee shall be
distributed as provided in Section 68085.3.
(b) The uniform fee for filing the first paper in a proceeding for
dissolution of marriage or domestic partnership, legal separation,
or nullity, is three hundred twenty dollars ($320). The fee shall be
distributed as provided in Section 68085.3, except that two dollars
($2) of the funds that would otherwise be distributed to the Trial
Court Trust Fund shall be transmitted to the Treasurer for deposit in
the Health Statistics Special Fund.
(c) The uniform fee for filing the first paper in a proceeding
under subdivision (a) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred twenty dollars ($320). The fee shall be distributed as
provided in Section 68085.3.
(d) The uniform fee for filing the first paper in a proceeding
under subdivision (b) on behalf of any respondent, defendant,
intervenor, or adverse party, whether separately or jointly, is three
hundred twenty dollars ($320). The fee shall be distributed as
provided in Section 68085.3.
(e) The fees in this section do not apply to papers filed for the
purpose of making a disclaimer.
70671. As used in subdivision (c) or (d) of Section 70670, the
term "paper" does not include any of the following:
(a) The declaration of a spouse or domestic partner filed in an
order to show cause proceeding.
(b) A settlement agreement or a stipulation for judgment that is
signed by a defaulted respondent and intended for incorporation in a
proposed decree of dissolution of marriage or domestic partnership.
(c) A stipulation regarding the date of termination of the marital
or domestic partnership status if the court has retained
jurisdiction over that date.
(d) A document relating to a stipulated postjudgment modification
of child support.
(e) A stipulation to modify a settlement agreement that was signed
by a defaulted respondent and incorporated in a decree of
dissolution if the stipulation is presented by the petitioner.
(f) A request for an order to prevent domestic violence or a
responsive declaration to that request.
70672. Notwithstanding any other provision of law, no fee shall
be charged to file a first paper or any subsequent pleading or
document on issues relating to parentage or support in a case in
which a Title IV-D child support agency is providing services under
Section 17400 of the Family Code.
70677. (a) The uniform fee for filing any motion, application,
order to show cause, or any other paper requiring a hearing
subsequent to the first paper is forty dollars ($40). Papers for
which this fee shall be charged include the following:
(1) Papers listed in subdivision (a) of Section 70617.
(2) An order to show cause or notice of motion seeking temporary
prejudgment or postjudgment orders, including, but not limited to,
orders to establish, modify, or enforce child, spousal, or partner
support, custody and visitation of children, division and control of
property, attorney's fees, and bifurcation of issues.
(b) There shall be no fee under subdivision (a) of this section
for filing any of the following:
(1) A motion, motion to quash proceeding, application, or demurrer
that is the first paper filed in an action and on which a first
paper filing fee is paid.
(2) An amended notice of motion or amended order to show cause.
(3) A statement to register foreign support under Section 4951 of
the Family Code.
(4) An application to determine the judgment after entry of
default.
(5) A request for an order to prevent domestic violence.
(6) A paper requiring a hearing on a petition for writ of review,
mandate, or prohibition that is the first paper filed in an action
and on which a first paper filing fee has been paid.
(7) A stipulation that does not require an order.
(c) The uniform fee for filing the following papers not requiring
a hearing is twenty dollars ($20):
(1) A request, application, or motion for the continuance of a
hearing or case management conference.
(2) A stipulation and order.
(d) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a) and (c) apply separately to each motion or other
paper filed. The Judicial Council may publish rules to give uniform
guidance to courts in applying fees under this section.
SEC. 122. The heading of Chapter 6 (commencing with Section 71002)
of Title 8 of the Government Code is amended to read:
CHAPTER 6. PROVISIONS RELATING TO TRIAL COURTS
SEC. 123. Section 71386 of the Government Code is amended to read:
71386. (a) Each superior court shall adopt a written policy,
consistent with rules adopted by, or trial court financial policies
and procedures authorized by, the Judicial Council under subdivision
(a) of Section 77206, governing the acceptance of checks and money
orders in payment of any fees, fines, or bail deposits. The policy
shall permit clerks to accept checks and money orders under
conditions that tend to assure their validity.
(b) A court shall accept a personal check, bank cashier's check,
or money order for payment of any fee or fine, or for a deposit of
bail for any offense that is not declared to be a felony, provided
the check or money order meets the criteria established in
subdivision (a). However, no court shall be required to accept a
check in excess of three hundred dollars ($300) from a defendant in
custody as a deposit of bail for any alleged violation of the Penal
Code.
(c) The acceptance of a check pursuant to this section constitutes
payment of the obligation owed to the payee public agency to the
extent of the amount of the check as of the date of acceptance.
(d) If any check offered in payment pursuant to this section is
returned to the payee without payment, a reasonable charge for the
returned check not to exceed the actual costs incurred may be imposed
to recover the processing and collection costs. This charge may be
added to, and become part of, any underlying obligation other than an
obligation that constitutes a lien on real property, or a different
method of payment for that payment and future payments by that person
may be prescribed. If the costs are incurred by the county, the
charges imposed for a returned check shall be retained by the
treasurer of the county and be deposited in the county general fund.
If the costs are incurred by the court, the charges imposed for a
returned check shall be distributed to the court under Section
68085.1.
SEC. 124. The heading of Chapter 8 (commencing with Section 72004)
of Title 8 of the Government Code is amended to read:
CHAPTER 8. SUPERIOR COURTS
SEC. 125. Section 72054 of the Government Code is repealed.
SEC. 126. Section 72055 of the Government Code, as amended by
Section 21 of Chapter 159 of the Statutes of 2003, is amended and
renumbered to read:
70613. (a) The uniform fee for filing the first paper in a
limited civil case is three hundred dollars ($300), except as
provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is one hundred eighty dollars ($180).
The first page of the first paper shall state whether the amount
demanded exceeds or does not exceed ten thousand dollars ($10,000).
(c) This section applies to the initial complaint, petition, or
application, and any papers transmitted from another court on the
transfer of a civil action or proceeding, but does not include
documents filed pursuant to Section 491.150, 704.750, or 708.160 of
the Code of Civil Procedure.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
(e) The fee shall be waived in any action for damages against a
defendant, based upon the defendant's commission of a felony offense,
upon presentation to the clerk of the court of a certified copy of
the abstract of judgment of conviction of the defendant of the felony
giving rise to the claim for damages. If the plaintiff would have
been entitled to recover those fees from the defendant had they been
paid, the court may assess the amount of the waived fees against the
defendant and order the defendant to pay that sum to the court.
SEC. 127. Section 72055 of the Government Code, as added by
Section 22 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 128. Section 72056 of the Government Code, as amended by
Section 23 of Chapter 159 of the Statutes of 2003, is amended and
renumbered to read:
70614. (a) The uniform fee for filing the first paper in a
limited civil case on behalf of any party other than a plaintiff is
three hundred dollars ($300), except as provided in subdivision (b).
(b) In a case where the amount demanded, excluding attorney's fees
and costs, is ten thousand dollars ($10,000) or less, the uniform
fee for filing the first paper is one hundred eighty dollars ($180).
(c) The fees in this section do not apply to papers filed for the
purpose of making disclaimer.
(d) The fee for a paper filed under this section shall be
distributed as provided in Section 68085.4.
SEC. 129. Section 72056 of the Government Code, as added by
Section 24 of Chapter 159 of the Statutes of 2003, is repealed.
SEC. 130. Section 72056.01 of the Government Code is repealed.
SEC. 131. Section 72056.1 of the Government Code is repealed.
SEC. 132. Section 72059 of the Government Code is repealed.
SEC. 133. Section 72060 of the Government Code is repealed.
SEC. 134. Section 72061 of the Government Code is repealed.
SEC. 135. Section 72073 of the Government Code is repealed.
SEC. 136. Section 76236 of the Government Code is amended and
renumbered to read:
70624. (a) In addition to the uniform filing fee authorized
pursuant to Section 70611, 70612, 70650, 70651, 70652, 70653, 70655,
or 70670, after giving notice and holding a public hearing on the
proposal, the Board of Supervisors of San Bernardino County may
impose a surcharge not to exceed thirty-five dollars ($35) for the
filing in superior court of (1) a complaint, petition, or other first
paper in a civil, family, or probate action or special proceeding,
and (2) a first paper on behalf of any defendant, respondent,
intervenor, or adverse party. The county shall notify in writing the
superior court and the Administrative Office of the Courts of any
change in a surcharge under this section. If a surcharge under this
section is imposed on a filing fee, the distribution that would
otherwise be made to the State Court Facilities Construction Fund
under subdivision (c) of Section 68085.3 or subdivision (c) of
Section 68085.4 shall be reduced as provided in Section 70603.
(b) The surcharge shall be in an amount determined to be necessary
by the board of supervisors to supplement the Courthouse
Construction Fund, to be deposited in that fund and used solely for
the purposes authorized for expenditures from that fund, including,
but not limited to, earthquake retrofitting, renovation, and
remodeling of all portions of the Central San Bernardino Courthouse
in need of retrofitting, renovation, or remodeling, whether or not
necessitated by the retrofitting work, including the original
courthouse built in 1926 and all subsequent additions thereto.
Expenditures made from the Courthouse Construction Fund that are
funded from the surcharge shall be made in order of priority to
ensure that all necessary earthquake retrofitting of the Central San
Bernardino Courthouse will be completed. Collection of the surcharge
authorized by this section shall terminate upon repayment of the
amortized costs incurred, or 30 years from the sale of the bond,
whichever occurs first. However, the surcharge shall not apply in
instances in which no filing fee is charged or the filing fee is
waived. If the amortized costs have been repaid, or 30 years have
passed since the sale of the bond, the county shall notify in writing
the superior court and the Administrative Office of the Courts.
SEC. 137. Section 76238 of the Government Code is amended and
renumbered to read:
70625. (a) Notwithstanding any other law, for the purpose of
assisting the City and County of San Francisco in the acquisition,
rehabilitation, construction, and financing of courtrooms or of a
courtroom building or buildings containing facilities necessary or
incidental to the operation of the justice system, the Board of
Supervisors of the City and County of San Francisco may require the
amounts collected pursuant to subdivision (d) to be deposited in the
Courthouse Construction Fund established pursuant to Section 76100.
In the City and County of San Francisco, the moneys of the Courthouse
Construction Fund together with any interest earned thereon shall be
payable only for the foregoing purposes and at the time necessary
therefor, and for the purposes set forth in subdivision (b) and at
the time necessary therefor.
(b) In conjunction with the acquisition, rehabilitation,
construction, or financing of courtrooms or of a courtroom building
or buildings referred to in subdivision (a), the City and County of
San Francisco may use the moneys of the Courthouse Construction Fund
(1) to rehabilitate existing courtrooms or an existing courtroom
building or buildings for other uses if new courtrooms or a courtroom
building or buildings are acquired, constructed, or financed or (2)
to acquire, rehabilitate, construct, or finance excess courtrooms or
an excess courtroom building or buildings if that excess is
anticipated to be needed at a later time.
(c) Any excess courtrooms or excess courtroom building or
buildings that are acquired, rehabilitated, constructed, or financed
pursuant to subdivision (b) may be leased or rented for uses other
than the operation of the justice system until such time as the
excess courtrooms or excess courtroom building or buildings are
needed for the operation of the justice system. Any amounts received
as lease or rental payments pursuant to this subdivision shall be
deposited in the Courthouse Construction Fund.
(d) In the City and County of San Francisco, a surcharge for the
purpose and for the time set forth in this section may be added to
the filing fees under Sections 70611, 70612, 70613, 70614, 70650,
70651, 70652, 70653, 70655, and 70670 in any civil, family, or
probate action in the superior court. The surcharge shall be in an
amount, not to exceed fifty dollars ($50), as set forth in a
resolution adopted by the Board of Supervisors of the City and County
of San Francisco. If a surcharge under this section is imposed on a
filing fee, the distribution that would otherwise be made to the
State Court Facilities Construction Fund under subdivision (c) of
Section 68085.3 or subdivision (c) of Section 68085.4 shall be
reduced as provided in Section 70603. The county shall notify in
writing the superior court and the Administrative Office of the
Courts of any change in a surcharge under this section. When the
amortized costs that are to be repaid from this fund have been
repaid, the county shall notify in writing the superior court and the
Administrative Office of Courts, and the surcharge under this
section shall terminate, as provided in subdivision (c) of Section
70375.
SEC. 138. Section 77009 of the Government Code is amended to read:
77009. (a) The Judicial Council may establish bank accounts for
the superior courts and require the courts to deposit moneys for
trial court operations, and any other moneys under the control of the
courts, into those accounts. Deposits to these accounts shall
include, but are not limited to, the following:
(1) Moneys appropriated in the Budget Act and allocated or
reallocated to the superior court by the Judicial Council.
(2) Moneys held in trust.
(3) Other moneys as deemed necessary or appropriate.
(b) Subdivision (a) shall not apply to payments from a party or a
defendant received by the superior court for any criminal fees,
fines, or forfeitures. However, the court and county may enter into a
contract for the court to provide depository services in an account
established by the Judicial Council for criminal fees, fines, and
forfeitures, with the approval of the Administrative Director of the
Courts. The contract shall identify the scope of service, method of
service delivery, term of agreement, anticipated service outcomes,
and the cost of the service. The amount of any indirect or overhead
costs shall be individually stated with the method of calculation of
the indirect or overhead costs.
(c) Moneys deposited into a bank account established pursuant to
subdivision (a) for the Trial Court Operations Fund that are
appropriated in the Budget Act and allocated or reallocated to the
superior court by the Judicial Council shall be payable only for the
purposes set forth in Sections 77003 and 77006.5, and for services
purchased by the court pursuant to subdivisions (b) and (c) of
Section 77212.
(d) (1) All moneys received by a superior court from any source
for court operating and program purposes shall be deposited into a
bank account established pursuant to subdivision (a) and accounted
for in the Trial Court Operations Fund. Moneys that are received to
fulfill the requirements of Article 4 (commencing with Section 4250)
of Chapter 2 of Part 2 of Division 9 and Division 14 (commencing with
Section 10000) of the Family Code shall be identified and maintained
in a separate account established in the fund for this purpose.
(2) All other moneys deposited into a bank account established
pursuant to subdivision (a) and accounted for in the Trial Court
Operations Fund that are received for purposes other than court
operations, as defined in Section 77003 and Rule 810 of the
California Rules of Court, shall be identified and maintained in
separate accounts in the fund.
(3) This subdivision shall not apply to either of the following:
(A) Moneys received by the courts pursuant to paragraph (2) of
subdivision (a) of this section and Section 68084, if those moneys
are not for court operating or program purposes.
(B) Payments from a party or a defendant received by the county
for any fees, fines, or forfeitures; money collected by the superior
court under Chapter 5.8 (commencing with Section 70600); or fees and
fines to which Section 68085.1 applies.
(e) The presiding judge of the superior court, or his or her
designee, shall authorize and direct all expenditures by the court
for operating and program purposes from any account established under
subdivision (b) or (c).
(f) The Judicial Council, in consultation with the Controller's
office, shall establish procedures to implement this section and to
provide for payment of trial court operations expenses, as described
in Sections 77003 and 77006.5, incurred on July 1, 1997, and
thereafter.
(g) (1) If the Judicial Council has not established bank accounts
pursuant to subdivision (a), the court shall contract with the county
for fiscal services. Each board of supervisors shall maintain in the
county treasury a Trial Court Operations Fund, which will operate as
an agency fund. All moneys appropriated in the Budget Act and
allocated and reallocated to the superior court in the county by the
Judicial Council shall be deposited into the fund.
(2) Moneys deposited into the fund that are appropriated for the
Trial Court Operations Fund in the Budget Act and allocated or
reallocated to the superior court by the Judicial Council shall be
payable only for the purposes set forth in Sections 77003 and
77006.5, and for services purchased by the court pursuant to
subdivisions (b) and (c) of Section 77212. The presiding judge of the
superior court, or his or her designee, shall authorize and direct
expenditures from the fund and the county auditor-controller shall
make payments from the funds as directed. Approval of the board of
supervisors is not required for expenditure from this fund.
(3) All moneys received by a
superior court from any source for court operating and program
purposes shall be deposited in the fund, except as provided in this
subdivision. Moneys that are received to fulfill the requirements of
Article 4 (commencing with Section 4250) of Chapter 2 of Part 2 of
Division 9 and Division 14 (commencing with Section 10000) of the
Family Code shall be identified and maintained in a separate account
established in the fund for this purpose. All other moneys that are
received for purposes other than court operations, as defined in
Section 77003 and Rule 810 of the California Rules of Court, shall be
identified and maintained in one or more separate accounts
established in the fund pursuant to procedures adopted by the
Judicial Council. This subdivision shall only apply to moneys
received by the courts for operating and program purposes. This
subdivision shall not apply to either of the following:
(A) Moneys received by the courts pursuant to Section 68084, if
those funds are not for court operating or program purposes.
(B) Payments from a party or a defendant received by the county
for any fees, fines, or forfeitures; money collected by the superior
court under Chapter 5.8 (commencing with Section 70600); or fees and
fines to which Section 68085.1 applies.
(4) Interest received by a county that is attributable to
investment of money, which interest is required by this subdivision
to be deposited in the superior court's fund, shall be deposited in
the fund and shall be used for trial court operations purposes.
(5) In no event shall interest be charged to the superior court's
fund, except as provided in Section 77009.1.
(6) Reasonable administrative expenses incurred by the county
associated with the operation of this fund shall be charged to the
superior court.
(7) A county, or city and county, may bill the superior court
within its jurisdiction for costs for services provided by the
county, or city and county, as described in Sections 77003 and 77212,
including indirect costs as described in paragraph (7) of
subdivision (a) of Section 77003 and Section 77212. The costs billed
by the county, or the city and the county, pursuant to this
subdivision shall not exceed the costs incurred by the county, or the
city and the county, of providing similar services to county
departments or special districts.
(8) Pursuant to Section 77206, the Controller, at the request of
the Legislature, may perform financial and fiscal compliance audits
of this fund. The Judicial Council or its representatives may perform
audits, reviews, and investigations of this fund wherever the
records may be located.
(h) The Judicial Council or its representatives may perform
audits, reviews, and investigations of superior court operations and
records wherever they may be located.
SEC. 139. Section 77200 of the Government Code is amended to read:
77200. On and after July 1, 1997, the state shall assume sole
responsibility for the funding of court operations, as defined in
Section 77003 and Rule 810 of the California Rules of Court as it
read on July 1, 1996. In meeting this responsibility, the state shall
do all of the following:
(a) Deposit in the State Trial Court Trust Fund, for subsequent
allocation to or for the trial courts, all county funds remitted to
the state pursuant to Section 77201 until June 30, 1998, and pursuant
to Section 77201.1, thereafter.
(b) Be responsible for the cost of court operations incurred by
the trial courts in the 1997-98 fiscal year and subsequent fiscal
years.
(c) Allocate funds to the individual trial courts pursuant to an
allocation schedule adopted by the Judicial Council, but in no case
shall the amount allocated to the trial court in a county be less
than the amount remitted to the state by the county in which that
court is located pursuant to paragraphs (1) and (2) of subdivision
(b) of Section 77201 until June 30, 1998, and pursuant to paragraphs
(1) and (2) of subdivision (b) of Section 77201.1, thereafter.
(d) The Judicial Council shall submit its allocation schedule to
the Controller at least 5 days before the due date of any allocation.
SEC. 140. Section 77205 of the Government Code is amended to read:
77205. (a) Notwithstanding any other provision of law, in any
year in which a county collects fee, fine, and forfeiture revenue for
deposit into the county general fund pursuant to Sections 1463.001
and 1464 of the Penal Code, Sections 42007, 42007.1, and 42008 of the
Vehicle Code, and Sections 27361 and 76000 of, and subdivision (f)
of Section 29550 of, the Government Code that would have been
deposited into the General Fund pursuant to these sections as they
read on December 31, 1997, and pursuant to Section 1463.07 of the
Penal Code, and that exceeds the amount specified in paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year, and
paragraph (2) of subdivision (b) of Section 77201.1 for the 1998-99
fiscal year, and thereafter, the excess amount shall be divided
between the county or city and county and the state, with 50 percent
of the excess transferred to the state for deposit in the Trial Court
Improvement Fund and 50 percent of the excess deposited into the
county general fund. The Judicial Council shall allocate 80 percent
of the amount deposited in the Trial Court Improvement Fund pursuant
to this subdivision each fiscal year that exceeds the amount
deposited in the 2002-03 fiscal year among:
(1) The trial court in the county from which the revenue was
deposited.
(2) Other trial courts, as provided in paragraph (1) of
subdivision (a) of Section 68085.
(3) For retention in the Trial Court Improvement Fund.
For the purpose of this subdivision, fee, fine, and forfeiture
revenue shall only include revenue that would otherwise have been
deposited in the General Fund prior to January 1, 1998.
(b) Any amounts required to be distributed to the state pursuant
to subdivision (a) shall be remitted to the Controller no later than
45 days after the end of the fiscal year in which those fees, fines,
and forfeitures were collected. This remittance shall be accompanied
by a remittance advice identifying the quarter of collection and
stating that the amount should be deposited in the Trial Court
Improvement Fund.
(c) Notwithstanding subdivision (a), the following counties whose
base-year remittance requirement was reduced pursuant to subdivision
(c) of Section 77201.1 shall not be required to split their annual
fee, fine, and forfeiture revenues as provided in this section until
such revenues exceed the following amounts:
County Amount
Placer...................... $ 1,554,677
Riverside................... 11,028,078
San Joaquin................. 3,694,810
San Mateo................... 5,304,995
Ventura..................... 4,637,294
SEC. 141. Section 77207.5 is added to the Government Code, to
read:
77207.5. (a) The Judicial Council shall make monthly allocations
to the trial courts from the Trial Court Trust Fund for automated
systems as provided in this section. These funds shall be used for
the development and implementation of automated systems as described
in subdivision (a) of Section 68090.8.
(b) The amount allocated annually to each trial court shall be the
amount stated in this subdivision, which is based on the revenue
collected in the local 2 percent automation funds in the 1994-95
fiscal year. The amounts are as follows:
Jurisdiction Amount
Alameda...................... $424,792
Alpine....................... 2,034
Amador....................... 11,006
Butte........................ 59,332
Calaveras.................... 18,652
Colusa....................... 13,708
Contra Costa................. 218,186
Del Norte.................... 11,208
El Dorado.................... 54,374
Fresno....................... 181,080
Glenn........................ 19,264
Humboldt..................... 48,160
Imperial..................... 67,678
Inyo......................... 30,402
Kern......................... 277,328
Kings........................ 57,026
Lake......................... 20,328
Lassen....................... 20,156
Los Angeles.................. 3,144,530
Madera....................... 52,502
Marin........................ 114,766
Mariposa..................... 3,904
Mendocino.................... 30,068
Merced....................... 55,652
Modoc........................ 6,134
Mono......................... 12,446
Monterey..................... 183,464
Napa......................... 30,550
Nevada....................... 49,946
Orange....................... 923,882
Placer....................... 77,378
Plumas....................... 9,206
Riverside.................... 532,226
Sacramento................... 340,254
San Benito................... 14,700
San Bernardino............... 435,474
San Diego.................... 718,442
San Francisco................ 272,528
San Joaquin.................. 201,698
San Luis Obispo.............. 130,020
San Mateo.................... 329,518
Santa Barbara................ 162,858
Santa Clara.................. 452,782
Santa Cruz................... 113,210
Shasta....................... 44,394
Sierra....................... 1,830
Siskiyou..................... 37,000
Solano....................... 119,364
Sonoma....................... 119,004
Stanislaus................... 88,718
Sutter....................... 37,382
Tehama....................... 28,100
Trinity...................... 7,648
Tulare....................... 204,932
Tuolumne..................... 16,642
Ventura...................... 205,304
Yolo......................... 48,556
Yuba......................... 15,788
SEC. 142. Section 77209 of the Government Code is amended to read:
77209. (a) There is in the State Treasury the Trial Court
Improvement Fund.
(b) The Judicial Council shall
set aside at least one-half of 1 percent of the total
appropriation for trial court operations as a reserve which shall not
be allocated prior to March 15 of each year unless allocated to a
court or courts for urgent needs.
(c) Any funds in the Trial Court Improvement Fund that are
unencumbered at the end of the fiscal year shall be reappropriated to
the Trial Court Improvement Fund for the following fiscal year.
(d) Moneys deposited in the Trial Court Improvement Fund shall be
placed in an interest bearing account. Any interest earned shall
accrue to the fund and shall be disbursed pursuant to subdivision
(e).
(e) Moneys deposited in the Trial Court Improvement Fund may be
disbursed for purposes of this section.
(f) Moneys deposited in the Trial Court Improvement Fund pursuant
to Section 68090.8 shall be allocated by the Judicial Council for
automated system improvements pursuant to that section and in
furtherance of Rule 991 of the California Rules of Court, as it read
on July 1, 1996.
(g) Moneys deposited in the Trial Court Improvement Fund shall be
administered by the Judicial Council. The Judicial Council may, with
appropriate guidelines, delegate to the Administrative Director of
the Courts the administration of the fund. Moneys in the fund may be
expended to implement trial court projects approved by the Judicial
Council. Expenditures may be made to vendors or individual trial
courts that have the responsibility to implement approved projects.
(h) Notwithstanding other provisions of this section, the 2
percent automation fund moneys deposited in the Trial Court
Improvement Fund pursuant to Section 68090.8 shall be allocated by
the Judicial Council to statewide initiatives related to trial court
automation and their implementation. The Judicial Council shall
allocate the remainder of the moneys deposited in the Trial Court
Improvement Fund as specified in this section.
For the purposes of this subdivision, the term "2 percent
automation fund" means the fund established pursuant to Section
68090.8 as it read on June 30, 1996.
(i) Royalties received from the publication of uniform jury
instructions shall be deposited in the Trial Court Improvement Fund
and used for the improvement of the jury system.
(j) The Judicial Council shall present an annual report to the
Legislature on the use of the Trial Court Improvement Fund. The
report shall include appropriate recommendations.
SEC. 143. Section 100430 of the Health and Safety Code is amended
to read:
100430. (a) The fees or charges for a record search or for the
issuance of any license, permit, registration, or any other document
pursuant to Section 26832 or 26840 of the Government Code, or Section
102525, 102625, 102670, 102725, 102750, 103050, 103065, 103225,
103325, 103400, 103425, 103450, 103525, 103590, 103595, 103625,
103650, 103675, 103690, 103695, 103700, 103705, 103710, 103715,
103720, 103725, or 103735 of this code, may be adjusted annually by
the percentage change determined pursuant to Section 100425.
The base amount to be adjusted shall be the statutory base amount
of the fee or charge plus the sum of the prior adjustments to the
statutory base amount. Whenever the statutory base amount is amended,
the base amount shall be the new statutory base amount plus the sum
of adjustments to the new statutory base amount calculated subsequent
to the statutory base amendment. The actual dollar fee or charge
shall be rounded to the next highest whole dollar.
(b) Beginning January 1, 1983, the department shall annually
publish a list of the actual numerical fee charges as adjusted
pursuant to this section. This adjustment of fees and the publication
of the fee list shall not be subject to the requirements of Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code.
SEC. 144. Section 103470 of the Health and Safety Code is amended
to read:
103470. The fee for filing the petition is one hundred eighty
dollars ($180). This fee shall be distributed as provided in Section
68085.4 of the Government Code. The petition may be heard by any
judge hearing probate matters, or if a probate department has been
designated for hearing probate matters, the matter shall be assigned
to the probate department for hearing.
SEC. 145. Section 103730 of the Health and Safety Code is amended
to read:
103730. A fee of twenty dollars ($20) for each individual being
adopted shall be paid to the clerk of the court at the time of filing
the petition in an adoption proceeding, except for agency adoptions
in which the adoption fee is waived and a statement from the agency
to this effect is filed with the petition. The fee shall be
transmitted to the State Treasury, as provided in Section 68085.1 of
the Government Code, for deposit in the Health Statistics Special
Fund for the services required by statute of the office of the State
Registrar of Vital Statistics.
SEC. 146. Section 98.2 of the Labor Code is amended to read:
98.2. (a) Within 10 days after service of notice of an order,
decision, or award the parties may seek review by filing an appeal to
the superior court, where the appeal shall be heard de novo. The
court shall charge the first paper filing fee under Section 70611 of
the Government Code to the party seeking review. The fee shall
distributed as provided in Section 68085.3 of the Government Code. A
copy of the appeal request shall be served upon the Labor
Commissioner by the appellant. For purposes of computing the 10-day
period after service, Section 1013 of the Code of Civil Procedure is
applicable.
(b) Whenever an employer files an appeal pursuant to this section,
the employer shall post an undertaking with the reviewing court in
the amount of the order, decision, or award. The undertaking shall
consist of an appeal bond issued by a licensed surety or a cash
deposit with the court in the amount of the order, decision, or
award. The employer shall provide written notification to the other
parties and the Labor Commissioner of the posting of the undertaking.
The undertaking shall be on the condition that, if any judgment is
entered in favor of the employee, the employer shall pay the amount
owed pursuant to the judgment, and if the appeal is withdrawn or
dismissed without entry of judgment, the employer shall pay the
amount owed pursuant to the order, decision, or award of the Labor
Commissioner unless the parties have executed a settlement agreement
for payment of some other amount, in which case the employer shall
pay the amount that the employer is obligated to pay under the terms
of the settlement agreement. If the employer fails to pay the amount
owed within 10 days of entry of the judgment, dismissal, or
withdrawal of the appeal, or the execution of a settlement agreement,
a portion of the undertaking equal to the amount owed, or the entire
undertaking if the amount owed exceeds the undertaking, is forfeited
to the employee.
(c) If the party seeking review by filing an appeal to the
superior court is unsuccessful in the appeal, the court shall
determine the costs and reasonable attorney's fees incurred by the
other parties to the appeal, and assess that amount as a cost upon
the party filing the appeal. An employee is successful if the court
awards an amount greater than zero.
(d) If no notice of appeal of the order, decision, or award is
filed within the period set forth in subdivision (a), the order,
decision, or award shall, in the absence of fraud, be deemed the
final order.
(e) The Labor Commissioner shall file, within 10 days of the order
becoming final pursuant to subdivision (d), a certified copy of the
final order with the clerk of the superior court of the appropriate
county unless a settlement has been reached by the parties and
approved by the Labor Commissioner. Judgment shall be entered
immediately by the court clerk in conformity therewith. The judgment
so entered has the same force and effect as, and is subject to all of
the provisions of law relating to, a judgment in a civil action, and
may be enforced in the same manner as any other judgment of the
court in which it is entered. Enforcement of the judgment shall
receive court priority.
(f) (1) In order to ensure that judgments are satisfied, the Labor
Commissioner may serve upon the judgment debtor, personally or by
first-class mail at the last known address of the judgment debtor
listed with the division, a form similar to, and requiring the
reporting of the same information as, the form approved or adopted by
the Judicial Council for purposes of subdivision (a) of Section
116.830 of the Code of Civil Procedure to assist in identifying the
nature and location of any assets of the judgment debtor.
(2) The judgment debtor shall complete the form and cause it to be
delivered to the division at the address listed on the form within
35 days after the form has been served on the judgment debtor, unless
the judgment has been satisfied. In case of willful failure by the
judgment debtor to comply with this subdivision, the division or the
judgment creditor may request the court to apply the sanctions
provided in Section 708.170 of the Code of Civil Procedure.
(g) Notwithstanding subdivision (e), the Labor Commissioner may
stay execution of any judgment entered upon an order, decision, or
award that has become final upon good cause appearing therefor and
may impose the terms and conditions of the stay of execution. A
certified copy of the stay of execution shall be filed with the clerk
entering the judgment.
(h) When a judgment is satisfied in fact, other than by execution,
the Labor Commissioner may, upon the motion of either party or on
its own motion, order entry of satisfaction of judgment. The clerk of
the court shall enter a satisfaction of judgment upon the filing of
a certified copy of the order.
(i) The Labor Commissioner shall make every reasonable effort to
ensure that judgments are satisfied, including taking all appropriate
legal action and requiring the employer to deposit a bond as
provided in Section 240.
(j) The judgment creditor, or the Labor Commissioner as assignee
of the judgment creditor, is entitled to court costs and reasonable
attorney's fees for enforcing the judgment that is rendered pursuant
to this section.
SEC. 147. Section 1835 of the Probate Code is amended to read:
1835. (a) Every superior court shall provide all private
conservators with written information concerning a conservator's
rights, duties, limitations, and responsibilities under this
division.
(b) The information to be provided shall include, but need not be
limited to, the following:
(1) The rights, duties, limitations, and responsibilities of a
conservator.
(2) The rights of a conservatee.
(3) How to assess the needs of the conservatee.
(4) How to use community-based services to meet the needs of the
conservatee.
(5) How to ensure that the conservatee is provided with the least
restrictive possible environment.
(6) The court procedures and processes relevant to
conservatorships.
(7) The procedures for inventory and appraisal, and the filing of
accounts.
(c) An information package shall be developed by the Judicial
Council, after consultation with the following organizations or
individuals:
(1) The California State Association of Public Administrators,
Public Guardians, and Public Conservators, or other comparable
organizations.
(2) The State Bar.
(3) Individuals or organizations, approved by the Judicial
Council, who represent court investigators, specialists with
experience in performing assessments and coordinating community-based
services, and legal services programs for the elderly.
(d) The failure of any court or any employee or agent thereof, to
provide information to a conservator as required by this section does
not:
(1) Relieve the conservator of any of the conservator's duties as
required by this division.
(2) Make the court or the employee or agent thereof, liable, in
either a personal or official capacity, for damages to a conservatee,
conservator, the conservatorship of a person or an estate, or any
other person or entity.
(e) The information package shall be made available to individual
courts. The Judicial Council shall periodically update the
information package when changes in the law warrant revision. The
revisions shall be provided to individual courts.
(f) To cover the costs of providing the written information
required by this section, a court may charge each private conservator
a fee of twenty dollars ($20) which shall be distributed to the
court in which it was collected.
SEC. 148. Section 2343 of the Probate Code is amended to read:
2343. The clerk of the court shall charge each private
professional conservator or private professional guardian an annual
filing fee that does not exceed the average per-conservator or
per-guardian annual cost in complying with this article. This fee
shall also include the cost of submitting the fingerprint card to the
Department of Justice. This fee shall be distributed to the court in
which it was collected.
SEC. 149. Section 7660 of the Probate Code is amended to read:
7660. (a) If a public administrator takes possession or control
of an estate pursuant to this chapter, the public administrator may,
acting as personal representative of the estate, summarily dispose of
the estate in the manner provided in this article in either of the
following circumstances:
(1) The total value of the property in the decedent's estate does
not exceed the amount prescribed in Section 13100. The authority
provided by this paragraph may be exercised only upon order of the
court. The order may be made upon ex parte application. The fee to be
allowed to the clerk for the filing of the application is one
hundred eighty dollars ($180). The authority for this summary
administration of the estate shall be evidenced by a court order for
summary disposition.
(2) The total value of the property in the decedent's estate does
not exceed thirty thousand dollars ($30,000). The authority provided
by this paragraph may be exercised without court authorization.
(A) A public administrator who is authorized to summarily dispose
of property of a decedent pursuant to this paragraph may issue a
written certification of Authority for Summary Administration. The
written certification is effective for 30 days after the date of
issuance.
(B) A financial institution, government or private agency,
retirement fund administrator, insurance company, licensed securities
dealer, or other person shall, without the necessity of inquiring
into the truth of the written certification of Authority for Summary
Administration and without court order or letters being issued do all
of the following:
(i) Provide the public administrator complete information
concerning any property held in the name of the decedent, including
the names and addresses of any beneficiaries or joint owners.
(ii) Grant the public administrator access to a safe-deposit box
or storage facility rented in the name of the decedent for the
purpose of inspection and removal of property of the decedent. Costs
and expenses incurred in accessing a safe-deposit box or storage
facility shall be borne by the estate of the decedent.
(iii) Surrender to the public administrator any property of the
decedent that is held or controlled by the financial institution,
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person.
(C) Receipt by a financial institution, government or private
agency, retirement fund administrator, insurance company, licensed
securities dealer, or other person of the written certification
provided by this article shall do both of the following:
(i) Constitute sufficient acquittance for providing information or
granting access to a safe-deposit box or a storage facility and for
surrendering any property
of the decedent.
(ii) Fully discharge the financial institution, government or
private agency, retirement fund administrator, insurance company,
licensed securities dealer, or other person from liability for any
act or omission of the public administrator with respect to the
property, a safe-deposit box, or a storage facility.
(b) Summary disposition may be made notwithstanding the existence
of the decedent's will, if the will does not name an executor or if
the named executor refuses to act.
(c) Nothing in this article precludes the public administrator
from filing a petition with the court under any other provision of
this code concerning the administration of the decedent's estate.
(d) Petitions filed pursuant to this article shall contain the
information required by Section 8002.
(e) If a public administrator takes possession or control of an
estate pursuant to this chapter, this article conveys the authority
of a personal representative as described in Section 9650 to the
public administrator to summarily dispose of the estates pursuant to
the procedures described in paragraphs (1) and (2) of subdivision
(a).
(f) The fee charged under paragraph (1) of subdivision (a) shall
be distributed as provided in Section 68085.4 of the Government Code.
When an application is filed under that paragraph, no other fees
shall be charged in addition to the uniform filing fee provided for
in Section 68085.4 of the Government Code.
SEC. 150. Section 13201 of the Probate Code is amended to read:
13201. Notwithstanding any other provision of law, the total fee
for the filing of an affidavit under Section 13200 and the issuance
of one certified copy of the affidavit under Section 13202 is as
provided in subdivision (b) of Section 70626 of the Government Code.
SEC. 151. Section 14607.6 of the Vehicle Code is amended to read:
14607.6. (a) Notwithstanding any other provision of law, and
except as provided in this section, a motor vehicle is subject to
forfeiture as a nuisance if it is driven on a highway in this state
by a driver with a suspended or revoked license, or by an unlicensed
driver, who is a registered owner of the vehicle at the time of
impoundment and has a previous misdemeanor conviction for a violation
of subdivision (a) of Section 12500 or Section 14601, 14601.1,
14601.2, 14601.3, 14601.4, or 14601.5.
(b) A peace officer shall not stop a vehicle for the sole reason
of determining whether the driver is properly licensed.
(c) (1) If a driver is unable to produce a valid driver's license
on the demand of a peace officer enforcing the provisions of this
code, as required by subdivision (b) of Section 12951, the vehicle
shall be impounded regardless of ownership, unless the peace officer
is reasonably able, by other means, to verify that the driver is
properly licensed. Prior to impounding a vehicle, a peace officer
shall attempt to verify the license status of a driver who claims to
be properly licensed but is unable to produce the license on demand
of the peace officer.
(2) A peace officer shall not impound a vehicle pursuant to this
subdivision if the license of the driver expired within the preceding
30 days and the driver would otherwise have been properly licensed.
(3) A peace officer may exercise discretion in a situation where
the driver without a valid license is an employee driving a vehicle
registered to the employer in the course of employment. A peace
officer may also exercise discretion in a situation where the driver
without a valid license is the employee of a bona fide business
establishment or is a person otherwise controlled by such an
establishment and it reasonably appears that an owner of the vehicle,
or an agent of the owner, relinquished possession of the vehicle to
the business establishment solely for servicing or parking of the
vehicle or other reasonably similar situations, and where the vehicle
was not to be driven except as directly necessary to accomplish that
business purpose. In this event, if the vehicle can be returned to
or be retrieved by the business establishment or registered owner,
the peace officer may release and not impound the vehicle.
(4) A registered or legal owner of record at the time of
impoundment may request a hearing to determine the validity of the
impoundment pursuant to subdivision (n).
(5) If the driver of a vehicle impounded pursuant to this
subdivision was not a registered owner of the vehicle at the time of
impoundment, or if the driver of the vehicle was a registered owner
of the vehicle at the time of impoundment but the driver does not
have a previous conviction for a violation of subdivision (a) of
Section 12500 or Section 14601, 14601.1, 14601.2, 14601.3, 14601.4,
or 14601.5, the vehicle shall be released pursuant to this code and
is not subject to forfeiture.
(d) (1) This subdivision applies only if the driver of the vehicle
is a registered owner of the vehicle at the time of impoundment.
Except as provided in paragraph (5) of subdivision (c), if the driver
of a vehicle impounded pursuant to subdivision (c) was a registered
owner of the vehicle at the time of impoundment, the impounding
agency shall authorize release of the vehicle if, within three days
of impoundment, the driver of the vehicle at the time of impoundment
presents his or her valid driver's license, including a valid
temporary California driver's license or permit, to the impounding
agency. The vehicle shall then be released to a registered owner of
record at the time of impoundment, or an agent of that owner
authorized in writing, upon payment of towing and storage charges
related to the impoundment, and any administrative charges authorized
by Section 22850.5, providing that the person claiming the vehicle
is properly licensed and the vehicle is properly registered. A
vehicle impounded pursuant to the circumstances described in
paragraph (3) of subdivision (c) shall be released to a registered
owner whether or not the driver of the vehicle at the time of
impoundment presents a valid driver's license.
(2) If there is a community property interest in the vehicle
impounded pursuant to subdivision (c), owned at the time of
impoundment by a person other than the driver, and the vehicle is the
only vehicle available to the driver's immediate family that may be
operated with a class C driver's license, the vehicle shall be
released to a registered owner or to the community property interest
owner upon compliance with all of the following requirements:
(A) The registered owner or the community property interest owner
requests release of the vehicle and the owner of the community
property interest submits proof of that interest.
(B) The registered owner or the community property interest owner
submits proof that he or she, or an authorized driver, is properly
licensed and that the impounded vehicle is properly registered
pursuant to this code.
(C) All towing and storage charges related to the impoundment and
any administrative charges authorized pursuant to Section 22850.5 are
paid.
(D) The registered owner or the community property interest owner
signs a stipulated vehicle release agreement, as described in
paragraph (3), in consideration for the nonforfeiture of the vehicle.
This requirement applies only if the driver requests release of the
vehicle.
(3) A stipulated vehicle release agreement shall provide for the
consent of the signator to the automatic future forfeiture and
transfer of title to the state of any vehicle registered to that
person, if the vehicle is driven by a driver with a suspended or
revoked license, or by an unlicensed driver. The agreement shall be
in effect for only as long as it is noted on a driving record
maintained by the department pursuant to Section 1806.1.
(4) The stipulated vehicle release agreement described in
paragraph (3) shall be reported by the impounding agency to the
department not later than 10 days after the day the agreement is
signed.
(5) No vehicle shall be released pursuant to paragraph (2) if the
driving record of a registered owner indicates that a prior
stipulated vehicle release agreement was signed by that person.
(e) (1) The impounding agency, in the case of a vehicle that has
not been redeemed pursuant to subdivision (d), or that has not been
otherwise released, shall promptly ascertain from the department the
names and addresses of all legal and registered owners of the
vehicle.
(2) The impounding agency, within two days of impoundment, shall
send a notice by certified mail, return receipt requested, to all
legal and registered owners of the vehicle, at the addresses obtained
from the department, informing them that the vehicle is subject to
forfeiture and will be sold or otherwise disposed of pursuant to this
section. The notice shall also include instructions for filing a
claim with the district attorney, and the time limits for filing a
claim. The notice shall also inform any legal owner of its right to
conduct the sale pursuant to subdivision (g). If a registered owner
was personally served at the time of impoundment with a notice
containing all the information required to be provided by this
paragraph, no further notice is required to be sent to a registered
owner. However, a notice shall still be sent to the legal owners of
the vehicle, if any. If notice was not sent to the legal owner within
two working days, the impounding agency shall not charge the legal
owner for more than 15-days' impoundment when the legal owner redeems
the impounded vehicle.
(3) No processing charges shall be imposed on a legal owner who
redeems an impounded vehicle within 15 days of the impoundment of
that vehicle. If no claims are filed and served within 15 days after
the mailing of the notice in paragraph (2), or if no claims are filed
and served within five days of personal service of the notice
specified in paragraph (2), when no other mailed notice is required
pursuant to paragraph (2), the district attorney shall prepare a
written declaration of forfeiture of the vehicle to the state. A
written declaration of forfeiture signed by the district attorney
under this subdivision shall be deemed to provide good and sufficient
title to the forfeited vehicle. A copy of the declaration shall be
provided on request to any person informed of the pending forfeiture
pursuant to paragraph (2). A claim that is filed and is later
withdrawn by the claimant shall be deemed not to have been filed.
(4) If a claim is timely filed and served, then the district
attorney shall file a petition of forfeiture with the appropriate
juvenile or superior court within 10 days of the receipt of the
claim. The district attorney shall establish an expedited hearing
date in accordance with instructions from the court, and the court
shall hear the matter without delay. The court filing fee of one
hundred dollars ($100) shall be paid by the claimant, but shall be
reimbursed by the impounding agency if the claimant prevails. To the
extent practicable, the civil and criminal cases shall be heard at
the same time in an expedited, consolidated proceeding. A proceeding
in the civil case is a limited civil case.
(5) The burden of proof in the civil case shall be on the
prosecuting agency, by a preponderance of the evidence. All
questions that may arise shall be decided and all other proceedings
shall be conducted as in an ordinary civil action. A judgment of
forfeiture does not require as a condition precedent the conviction
of a defendant of an offense which made the vehicle subject to
forfeiture. The filing of a claim within the time limits specified in
paragraph (3) is considered a jurisdictional prerequisite for the
availing of the action authorized by that paragraph.
(6) All right, title, and interest in the vehicle shall vest in
the state upon commission of the act giving rise to the forfeiture.
(7) The filing fee in paragraph (4) shall be distributed as
follows:
(A) To the county law library fund as provided in Section 6320 of
the Business and Professions Code, the amount specified in Sections
6321 and 6322.1 of the Business and Professions Code.
(B) To the Trial Court Trust Fund, the remainder of the fee.
(f) Any vehicle impounded that is not redeemed pursuant to
subdivision (d) and is subsequently forfeited pursuant to this
section shall be sold once an order of forfeiture is issued by the
district attorney of the county of the impounding agency or a court,
as the case may be, pursuant to subdivision (e).
(g) Any legal owner who is a motor vehicle dealer, bank, credit
union, acceptance corporation, or other licensed financial
institution legally operating in this state, or the agent of that
legal owner, may take possession and conduct the sale of the
forfeited vehicle if the legal owner or agent notifies the agency
impounding the vehicle of its intent to conduct the sale within 15
days of the mailing of the notice pursuant to subdivision (e). Sale
of the vehicle after forfeiture pursuant to this subdivision may be
conducted at the time, in the manner, and on the notice usually given
for the sale of repossessed or surrendered vehicles. The proceeds of
any sale conducted by or on behalf of the legal owner shall be
disposed of as provided in subdivision (i). A notice pursuant to this
subdivision may be presented in person, by certified mail, by
facsimile transmission, or by electronic mail.
(h) If the legal owner or agent of the owner does not notify the
agency impounding the vehicle of its intent to conduct the sale as
provided in subdivision (g), the agency shall offer the forfeited
vehicle for sale at public auction within 60 days of receiving title
to the vehicle. Low value vehicles shall be disposed of pursuant to
subdivision (k).
(i) The proceeds of a sale of a forfeited vehicle shall be
disposed of in the following priority:
(1) To satisfy the towing and storage costs following impoundment,
the costs of providing notice pursuant to subdivision (e), the costs
of sale, and the unfunded costs of judicial proceedings, if any.
(2) To the legal owner in an amount to satisfy the indebtedness
owed to the legal owner remaining as of the date of sale, including
accrued interest or finance charges and delinquency charges,
providing that the principal indebtedness was incurred prior to the
date of impoundment.
(3) To the holder of any subordinate lien or encumbrance on the
vehicle, other than a registered or legal owner, to satisfy any
indebtedness so secured if written notification of demand is received
before distribution of the proceeds is completed. The holder of a
subordinate lien or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it does so upon request,
is not entitled to distribution pursuant to this paragraph.
(4) To any other person, other than a registered or legal owner,
who can reasonably establish an interest in the vehicle, including a
community property interest, to the extent of his or her provable
interest, if written notification is received before distribution of
the proceeds is completed.
(5) Of the remaining proceeds, funds shall be made available to
pay any local agency and court costs, that are reasonably related to
the implementation of this section, that remain unsatisfied.
(6) Of the remaining proceeds, half shall be transferred to the
Controller for deposit in the Vehicle Inspection and Repair Fund for
the high-polluter repair assistance and removal program created by
Article 9 (commencing with Section 44090) of Chapter 5 of Part 5 of
Division 26 of the Health and Safety Code, and half shall be
transferred to the general fund of the city or county of the
impounding agency, or the city or county where the impoundment
occurred. A portion of the local funds may be used to establish a
reward fund for persons coming forward with information leading to
the arrest and conviction of hit-and-run drivers and to publicize the
availability of the reward fund.
(j) The person conducting the sale shall disburse the proceeds of
the sale as provided in subdivision (i) and shall provide a written
accounting regarding the disposition to the impounding agency and, on
request, to any person entitled to or claiming a share of the
proceeds, within 15 days after the sale is conducted.
(k) If the vehicle to be sold pursuant to this section is not of
the type that can readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to an
eleemosynary institution. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this subdivision.
(l) No vehicle shall be sold pursuant to this section if the
impounding agency determines the vehicle to have been stolen. In this
event, the vehicle may be claimed by the registered owner at any
time after impoundment, providing the vehicle registration is current
and the registered owner has no outstanding traffic violations or
parking penalties on his or her driving record or on the registration
record of any vehicle registered to the person. If the identity of
the legal and registered owners of the vehicle cannot be reasonably
ascertained, the vehicle may be sold.
(m) Any owner of a vehicle who suffers any loss due to the
impoundment or forfeiture of any vehicle pursuant to this section may
recover the amount of the loss from the unlicensed, suspended, or
revoked driver. If possession of a vehicle has been tendered to a
business establishment in good faith, and an unlicensed driver
employed or otherwise directed by the business establishment is the
cause of the impoundment of the vehicle, a registered owner of the
impounded vehicle may recover damages for the loss of use of the
vehicle from the business establishment.
(n) (1) The impounding agency, if requested to do so not later
than 10 days after the date the vehicle was impounded, shall provide
the opportunity for a poststorage hearing to determine the validity
of the storage to the persons who were the registered and legal
owners of the vehicle at the time of impoundment, except that the
hearing shall be requested within three days after the date the
vehicle was impounded if personal service was provided to a
registered owner pursuant to paragraph (2) of subdivision (e) and no
mailed notice is required.
(2) The poststorage hearing shall be conducted not later than two
days after the date it was requested. The impounding agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the storage of
the vehicle. Failure of either the registered or legal owner to
request a hearing as provided in paragraph (1) or to attend a
scheduled hearing shall satisfy the poststorage hearing requirement.
(3) The agency employing the person who directed the storage is
responsible for the costs incurred for towing and storage if it is
determined that the driver at the time of impoundment had a valid
driver's license.
(o) As used in this section, "days" means workdays not including
weekends and holidays.
(p) Charges for towing and storage for any vehicle impounded
pursuant to this section shall not exceed the normal towing and
storage rates for other vehicle towing and storage conducted by the
impounding agency in the normal course of business.
(q) The Judicial Council and the Department of Justice may
prescribe standard forms and procedures for implementation of this
section to be used by all jurisdictions throughout the state.
(r) The impounding agency may act as the agent of the state in
carrying out this section.
(s) No vehicle shall be impounded pursuant to this section if the
driver has a valid license but the license is for a class of vehicle
other than the vehicle operated by the driver.
(t) This section does not apply to vehicles subject to Sections
14608 and 14609, if there has been compliance with the procedures in
those sections.
(u) As used in this section, "district attorney" includes a city
attorney charged with the duty of prosecuting misdemeanor offenses.
(v) The agent of a legal owner acting pursuant to subdivision (g)
shall be licensed, or exempt from licensure, pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code.
SEC. 152. Section 40230 of the Vehicle Code is amended to read:
40230. (a) Within 30 calendar days after the mailing or personal
delivery of the final decision described in subdivision (b) of
Section 40215, the contestant may seek review by filing an appeal to
be heard by the superior court where the same shall be heard de novo,
except that the contents of the processing agency's file in the case
shall be received in evidence. A copy of the notice of parking
violation or, if the citation was issued electronically, a true and
correct abstract containing the information set forth in the notice
of parking violation shall be admitted into evidence as prima facie
evidence of the facts stated therein. A copy of the notice of appeal
shall be served in person or by first-class mail upon the processing
agency by the contestant. For purposes of computing the
30-calendar-day period, Section 1013 of the Code of Civil Procedure
shall be applicable. A proceeding under this subdivision is a limited
civil case.
(b) The fee for filing the notice of appeal is twenty-five dollars
($25). The court shall request that the processing agency's file on
the case be forwarded to the court, to be received within 15 calendar
days of the request. The court shall notify the contestant of the
appearance date by mail or personal delivery. The court shall retain
the twenty-five dollar ($25) fee regardless of the outcome of the
appeal. If the court finds in favor of the contestant, the amount of
the fee shall be reimbursed to the contestant by the processing
agency. Any deposit of parking penalty shall be refunded by the
processing agency in accordance with the judgment of the court.
(c) The conduct of the appeal under this section is a subordinate
judicial duty that may be performed by traffic trial commissioners
and other subordinate judicial officials at the direction of the
presiding judge of the court.
(d) If no notice of appeal of the processing agency's decision is
filed within the period set forth in subdivision (a), the decision
shall be deemed final.
(e) If the parking penalty has not been deposited and the decision
is against the contestant, the processing agency shall, after the
decision becomes final, proceed to collect the penalty pursuant to
Section 40220.
SEC. 153. The Judicial Council shall report to the Joint
Legislative Budget Committee by November 1, 2006 on the impact of the
uniform civil filing fee changes enacted in the Budget Act on the
ability of low income litigants to access the court system. This
report shall include recommendations on the use of fee waivers,
deferrals, and partial payments or payments over time as mechanisms
to ensure access in a fiscally responsible manner, as well as any
recommended statutory changes to enhance the use of these procedures.
SEC. 154. Section 19 of this bill shall only become operative if
AB 1459, SB 422, or SB 996 is enacted and becomes effective on or
before January 1, 2006, and increases the jurisdictional limit of the
small claims court, in which case Section 18 of this bill shall not
be operative.
SEC. 155. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 156. The provisions of this act, other than Section 115,
shall become operative on January 1, 2006. Section 115 shall become
operative immediately.
SEC. 157. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to implement the Budget Act of 2005, it is necessary for
this act to take effect immediately.