California Legislature—2015–16 Regular Session

Assembly Bill No. 2244

Introduced by Assembly Member Gatto

February 18, 2016

An act to amend Section 1033.5 of the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to court fees.

LEGISLATIVE COUNSEL’S DIGEST

AB 2244, as introduced, Gatto. Court fees: electronic filing.

Existing law authorizes a court, subject to Judicial Council approval, to accept a credit card, debit card, or electronic funds transfer in payment of designated obligations, including filing fees and other court costs. Existing law authorizes a court, subject to Judicial Council approval, to impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer.

This bill would additionally authorize an agent of the court to impose a fee, subject to Judicial Council approval, for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the court in providing for payment by credit or debit card or electronic funds transfer.

Existing law also enumerates costs that a prevailing party may recover in a civil action.

This bill would authorize a prevailing party to recover electronic filing service provider fees as costs, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1033.5 of the Code of Civil Procedure
is amended to read:

1033.5.  

(a) The following items are allowable as costs under
Section 1032:

(1) Filing, motion, and jury fees.

(2) Juror food and lodging while they are kept together during
trial and after the jury retires for deliberation.

(3) (A) Taking, video recording, and transcribing necessary
depositions, including an original and one copy of those taken by
the claimant and one copy of depositions taken by the party against
whom costs are allowed.

(B) Fees of a certified or registered interpreter for the deposition
of a party or witness who does not proficiently speak or understand
the English language.

(C) Travel expenses to attend depositions.

(4) Service of process by a public officer, registered process
server, or other means, as follows:

(A) When service is by a public officer, the recoverable cost is
the fee authorized by law at the time of service.

(B) If service is by a process server registered pursuant to
Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code, the recoverable cost is the amount
actually incurred in effecting service, including, but not limited
to, a stakeout or other means employed in locating the person to
be served, unless those charges are successfully challenged by a
party to the action.

(C) When service is by publication, the recoverable cost is the
sum actually incurred in effecting service.

(D) When service is by a means other than that set forth in
subparagraph (A), (B), or (C), the recoverable cost is the lesser of
the sum actually incurred, or the amount allowed to a public officer
in this state for that service, except that the court may allow the
sum actually incurred in effecting service upon application pursuant
to paragraph (4) of subdivision (c).

(5) Expenses of attachment including keeper’s fees.

(6) Premiums on necessary surety bonds.

(7) Ordinary witness fees pursuant to Section 68093 of the
Government Code.

(8) Fees of expert witnesses ordered by the court.

(9) Transcripts of court proceedings ordered by the court.

(10) Attorney’s fees, when authorized by any of the following:

(A) Contract.

(B) Statute.

(C) Law.

(11) Court reporter fees as established by statute.

(12) Court interpreter fees for a qualified court interpreter
authorized by the court for an indigent person represented by a
qualified legal services project, as defined in Section 6213 of the
Business and Professions Code or a pro bono attorney as defined
in Section 8030.4 of the Business and Professions Code.

(13) Models and enlargements of exhibits and photocopies of
exhibits may be allowed if they were reasonably helpful to aid the
trier of fact.

begin insert

(14) Electronic filing service provider fees. If a court requires
or orders a party to file and serve documents electronically with
the court, the recoverable costs are those actually incurred to
electronically file, serve, and host documents through a certified
electronic filing service provider.

end insert begin delete

(14)

end delete

begin insert (15) end insert  Any other item that is required to be awarded to the
prevailing party pursuant to statute as an incident to prevailing in
the action at trial or on appeal.

(b) The following items are not allowable as costs, except when
expressly authorized by law:

(1) Fees of experts not ordered by the court.

(2) Investigation expenses in preparing the case for trial.

(3) Postage, telephone, and photocopying charges, except for
exhibits.

(4) Costs in investigation of jurors or in preparation for voir
dire.

(5) Transcripts of court proceedings not ordered by the court.

(c)  begin delete Any end delete begin insert An end insert award of costs shall be subject to the following:

(1) Costs are allowable if incurred, whether or not paid.

(2) Allowable costs shall be reasonably necessary to the conduct
of the litigation rather than merely convenient or beneficial to its
preparation.

(3) Allowable costs shall be reasonable in amount.

(4) Items not mentioned in this section and items assessed upon
application may be allowed or denied in the court’s discretion.

(5)  begin delete When any end delete begin insert If a end insert statute of this state refers to the award of
“costs and attorney’s fees,” attorney’s fees are an item and
component of the costs to be awarded and are allowable as costs
pursuant to subparagraph (B) of paragraph (10) of subdivision (a).
Any claim not based upon the court’s established schedule of
attorney’s fees for actions on a contract shall bear the burden of
proof. Attorney’s fees allowable as costs pursuant to subparagraph
(B) of paragraph (10) of subdivision (a) may be fixed as follows:
(A) upon a noticed motion, (B) at the time a statement of decision
is rendered, (C) upon application supported by affidavit made
concurrently with a claim for other costs, or (D) upon entry of
default judgment. Attorney’s fees allowable as costs pursuant to
subparagraph (A) or (C) of paragraph (10) of subdivision (a) shall
be fixed either upon a noticed motion or upon entry of a default
judgment, unless otherwise provided by stipulation of the parties.

Attorney’s fees awarded pursuant to Section 1717 of the Civil
Code are allowable costs under Section 1032 of this code as
authorized by subparagraph (A) of paragraph (10) of subdivision
(a).

SEC. 2.  

Section 6159 of the Government Code is amended to
read:

6159.  

(a) The following definitions apply for purposes of this
section:

(1) “Credit card” means begin delete any end delete begin insert a end insert card, plate, coupon book, or other
credit device existing for the purpose of being used from time to
time upon presentation to obtain money, property, labor, or services
on credit.

(2) “Card issuer” means begin delete any end delete begin insert a end insert person, or his or her agent, who
issues a credit card and purchases credit card drafts.

(3) “Cardholder” means begin delete any end delete begin insert a end insert person to whom a credit card is
issued or any person who has agreed with the card issuer to pay
obligations arising from the issuance of a credit card to another
person.

(4) “Debit card” means a card or other means of access to a
debit card cardholder’s account that may be used to initiate
electronic funds transfers from that account.

(5) “Draft purchaser” means begin delete any end delete begin insert a end insert person who purchases credit
card drafts.

(6) “Electronic funds transfer” means begin delete any end delete begin insert a end insert method by which
a person permits electronic access to, and transfer of, money held
in an account by that person.

(b) Subject to subdivisions (c) and (d), a court, city, county, city
and county, or other public agency may authorize the acceptance
of a credit card, debit card, or electronic funds transfer for any of
the following:

(1) The payment for the deposit of bail for any offense not
declared to be a felony or for begin delete any end delete begin insert a end insert court-ordered fee, fine,
forfeiture, penalty, assessment, or restitution. Use of a card or
electronic funds transfer pursuant to this paragraph may include
a requirement that the defendant be charged begin delete any end delete begin insert a end insert administrative
fee charged by the company issuing the card or processing the
account for the cost of the transaction.

(2) The payment of a filing fee or other court fee.

(3) The payment of begin delete any end delete towage or storage costs for a vehicle
that has been removed from a highway, or from public or private
property, as a result of parking violations.

(4) The payment of child, family, or spousal support, including
reimbursement of public assistance, related fees, costs, or penalties,
with the authorization of the cardholder or accountholder.

(5) The payment for services rendered by begin delete any end delete begin insert a end insert city, county,
city and county, or other public agency.

(6) The payment of begin delete any end delete begin insert a end insert fee, charge, or tax due a city, county,
city and county, or other public agency.

(7) The payment of begin delete any end delete moneys payable to the sheriff pursuant
to a levy under a writ of attachment or writ of execution. If the use
of a card or electronic funds transfer pursuant to this paragraph
includes any administrative fee charged by the company issuing
the card or processing the account for the cost of the transaction,
that fee shall be paid by the person who pays the money to the
sheriff pursuant to the levy.

(8) The payment of a donation, gift, bequest, or devise made to
or in favor of a county, or to or in favor of the board of supervisors
of a county, pursuant to Section 25355.

(c) A court desiring to authorize the use of a credit card, debit
card, or electronic funds transfer pursuant to subdivision (b) shall
obtain the approval of the Judicial Council. A city desiring to
authorize the use of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) shall obtain the approval of its
city council. Any other public agency desiring to authorize the use
of a credit card, debit card, or electronic funds transfer pursuant
to subdivision (b) shall obtain the approval of the governing body
that has fiscal responsibility for that agency.

(d) After approval is obtained, a contract may be executed with
one or more credit card issuers, debit card issuers, electronic funds
transfer processors, or draft purchasers. The contract shall provide
for the following matters:

(1) The respective rights and duties of the court, city, county,
city and county, or other public agency and card issuer, funds
processor, or draft purchaser regarding the presentment,
acceptability, and payment of credit and debit card drafts and
electronic funds transfer requests.

(2) The establishment of a reasonable means by which to
facilitate payment settlements.

(3) The payment to the card issuer, funds processor, or draft
purchaser of a reasonable fee or discount.

(4) Any other matters appropriately included in contracts with
respect to the purchase of credit and debit card drafts and
processing of electronic funds transfer requests as may be agreed
upon by the parties to the contract.

(e) The honoring of a credit card, debit card, or electronic funds
transfer pursuant to subdivision (b) hereof constitutes payment of
the amount owing to the court, city, county, city and county, or
other public agency as of the date the credit or debit card is honored
or the electronic funds transfer is processed, provided the credit
or debit card draft is paid following its due presentment to a card
issuer or draft purchaser or the electronic funds transfer is
completed with transfer to the agency requesting the transfer.

(f) If begin delete any end delete begin insert a end insert credit or debit card draft is not paid following due
presentment to a card issuer or draft purchaser or is charged back
to the court, city, county, city and county, or other public agency
for any reason, any record of payment made by the court, city, or
other public agency honoring the credit or debit card shall be void.
If begin delete any end delete begin insert an end insert electronic funds transfer request is not completed with
transfer to the agency requesting the transfer or is charged back
to the agency for any reason, any record of payment made by the
agency processing the electronic funds transfer shall be void. begin delete Any end delete
begin insert A end insert receipt issued in acknowledgment of payment shall also be void.
The obligation of the cardholder or accountholder shall continue
as an outstanding obligation as if no payment had been attempted.

(g) If a credit card, debit card draft, electronic funds transfer,
or other payment offered in payment is returned without payment,
for any reason, a reasonable charge for the charge back or return,
not to exceed the actual costs incurred by the public agency, may
be imposed to recover the public agency’s processing and
collection costs. This charge may be added to, and become part
of, any underlying obligation other than an obligation which
constitutes a lien on real property, and a different method of
payment for that payment and future payments by this person may
be prescribed.

(h) Notwithstanding Title 1.3 (commencing with Section 1747)
of Part 4 of Division 3 of the Civil Code, a court begin insert or agent of the
court end insert , city, county, city and county, or any other public agency
may impose a fee for the use of a credit or debit card or electronic
funds transfer, not to exceed the costs incurred by the agency in
providing for payment by credit or debit card or electronic funds
transfer. These costs may include, but shall not be limited to, the
payment of fees or discounts as specified in paragraph (3) of
subdivision (d). begin delete Any end delete begin insert A end insert fee imposed by a court begin insert or agent of the court end insert
pursuant to this subdivision shall be approved by the Judicial
Council. begin delete Any end delete begin insert A end insert fee imposed by any other public agency pursuant
to this subdivision for the use of a credit or debit card or electronic
funds transfer shall be approved by the governing body responsible
for the fiscal decisions of the public agency.

(i) Fees or discounts provided for under paragraph (3) of
subdivision (d) shall be deducted or accounted for prior to any
statutory or other distribution of funds received from the card
issuer, funds processor, or draft purchaser to the extent not
recovered from the cardholder or accountholder pursuant to
subdivision (h).

(j) The Judicial Council may enter into a master agreement with
one or more credit or debit card issuers, funds processors, or draft
purchasers for the acceptance and payment of credit or debit card
drafts and electronic funds transfer requests received by the courts.
begin delete Any end delete begin insert A end insert court may join in any of these master agreements or may
enter into a separate agreement with a credit or debit card issuer,
funds processor, or draft purchaser.