BILL NUMBER: AB 1742 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2005
AMENDED IN SENATE JUNE 15, 2005
AMENDED IN ASSEMBLY APRIL 18, 2005
INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird,
Levine, Lieber, and Montanez)
MARCH 2, 2005
An act to amend Section 43.55 of the Civil Code, to amend
Sections 116.330, 116.340, 116.780, 128.7, 396b, 415.21, 425.115,
and 998 of, and to repeal and add Section 116.725 of, the Code of
Civil Procedure, to amend Sections 811.9, 905, 910.4, and 69926.5 of,
and to add Section 905.7 to, the Government Code, to amend Section
123.6 of the Labor Code, and to amend Sections 16020 and 16058.1 of
the Vehicle Code, relating to courts, and declaring the urgency
thereof, to take effect immediately. 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 Sections 43.55 and 2924j of the Civil
Code, to amend Sections 116.330, 116.340, 116.390,
116.745, 116.760, 116.780, 116.820, 116.860, 128.7, 177.5, 209, 396b,
403.060, 411.20, 415.21, 425.10, 425.115, 491.150, 683.150, 704.750,
708.160, 724.100, 998, 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, 116.725, 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 811.9, 905, 910.4, 24353, 26820, 26831, 26837, 26840.3,
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 add Sections 905.7, 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, 69926.5, 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 Sections 98.2 and 123.6 of the Labor
Code, to amend Sections 1835, 2343, 7660, and 13201 of the Probate
Code, and to amend Sections 14607.6, 16020, 16058.1, and 40230 of the
Vehicle Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1742, as amended, Committee on Judiciary. Courts :
civil procedure. .
(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, and
provides for these amounts to be transmitted to the Trial Court Trust
Fund.
This bill would repeal these provisions.
(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.
(1)
(4) Under existing law, no liability or cause of action
arises against a peace officer making an arrest pursuant to a
warrant of arrest regular upon its face, if the peace officer acts
without malice and in reasonable belief that the person arrested is
the one referred to in the warrant.
This bill would provide that the term "warrant of arrest regular
upon its face" includes both a paper arrest warrant issued pursuant
to a judicial order and a judicial order entered into an automated
warrant system by authorized law enforcement or court personnel, as
specified.
(2)
(5) Existing law governs procedures in the small claims
court. These provisions set forth various time periods for
scheduling cases for hearing and specifies methods for service of the
claim and order on a defendant. These provisions state that they may
not be construed to prevent a court from correcting a clerical error
in a judgment or setting aside and vacating a judgment on the ground
of an incorrect or erroneous legal basis for the decision.
This bill would provide that, when a claim is filed, the case
shall be scheduled for hearing no earlier than 20 days and not more
than 70 days from the date of the order, thereby eliminating the
various time periods. The bill would require that proof of service of
the claim and order be filed at least 5 days before the hearing. The
bill would authorize a party to make only one motion to correct a
clerical error or set aside and vacate a judgment and provide that a
party may have 30 days after the clerk mails notice of entry of
judgment to the parties to make that motion.
(3)
(6) Existing law requires, until January 1, 2006, that
all pleadings filed with a court be signed, except as specified, and
that the filing of any paper with a court certifies that specified
conditions have been satisfied. Existing law also specifies
sanctions for violation of these requirements.
This bill would delete the repeal date of January 1, 2006,
contained in these provisions and thereby extend indefinitely the
operation of these provisions.
(4)
(7) Existing law requires a person to be granted access
to a staffed gated community for a reasonable time period for the
purpose of performing lawful service of process, as specified.
This bill would also authorize access to a staffed gated community
for the purpose of serving a subpoena.
(5)
(8) Existing law also governs offers by a party to
compromise a dispute that is to be resolved by arbitration.
This bill would require a written offer to compromise to include a
provision that allows the accepting party to indicate acceptance of
the offer by signing a statement that the offer is accepted, as
specified. The bill would also require that any acceptance of the
offer, whether made on the document containing the offer or on a
separate document of acceptance, to be in writing and signed by
the accepting party or his or her counsel, as specified .
(6) Existing law imposes a surcharge of $20 for court security in
addition to the total court fees collected pursuant to specified
provisions and also authorizes the collection of an additional
surcharge in certain cases filed from January 1, 2004 to June 30,
2005, inclusive.
This bill would extend that additional surcharge until June 30,
2006, as specified.
(7) Existing law requires the Judicial Council to provide for the
representation or defense of judicial officers and employees by the
county counsel or Attorney General, and authorizes such
representation or defense of the Judicial Council. Existing law also
provides that this representation or defense shall not be the sole
basis for the disqualification of a judicial officer or employee in
an unrelated action.
This bill would add justices and the Administrative Office of the
Courts to the judicial officers to which this provision applies, and
specify that representation of the Judicial Council of the
Administrative Office of the Courts shall not be the sole basis for
disqualification of a judicial officer or employee from an unrelated
action.
(8)
(9) Existing law sets forth the procedure
for filing a claim against a statewide public entity, as specified.
This bill would specify that these procedures also apply to claims
against a judicial branch entity.
(9)
(10) Existing law authorizes a court in a
proceeding for dissolution of marriage or legal separation and prior
to the determination of a motion for a change of venue, to consider
and make all necessary and proper orders in connection with motions
for allowance of temporary spousal support, support of children, and
counsel fees and costs.
This bill would revise that provision to additionally apply to
proceedings under the Uniform Parentage Act and to authorize the
court to consider and determine motions to determine custody of and
visitation with children in any of the proceedings to which the
provision applies prior to determining the motion for a change of
venue.
(11) The bill would impose a state-mandated local program by
requiring new duties of local officers.
(12) 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.
(10) Existing law requires workers' compensation administrative
law judges, as specified, to subscribe to the Code of Judicial Ethics
and to not engage in conduct contrary to that code or to the
commentary to the Code of Judicial Ethics made by the California
Judges Association.
This bill would delete the reference to the California Judges
Association within that provision.
(11) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no
yes .
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 fee increase distribution
authorized by Section 470.3 470.5 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.
470.3. (a) Except as provided in subdivision (b), a fee of not
less than one dollar ($1) and not more than eight dollars ($8) may be
added to the total fees collected and fixed pursuant to Sections
26820.4, 26826, 26827, 68090, 72055, and 72056 of the Government Code
for the filing of a first paper in a civil action in superior or
municipal court, other than a small claims action.
(b) A fee of not less than one dollar ($1) and not more than three
dollars ($3) may be added to the total fees collected and fixed
pursuant to Sections 26820.4, 26826, 26827, 68090, 72055, and 72056
of the Government Code for the filing of a first paper in a civil
action in superior or municipal court, for those cases where the
monetary damages do not exceed the sum of two thousand five hundred
dollars ($2,500). To facilitate the computation of the correct fee
pursuant to this section, the complaint shall contain a declaration
under penalty of perjury executed by a party requesting a reduction
in fees that the case filed qualifies for the lower fee because claim
for money damages will not exceed the sum of two thousand five
hundred dollars ($2,500).
(c) The fees described in subdivisions (a) and (b) shall only be
utilized for the support of the dispute resolution programs
authorized by this chapter.
(d) A county may carry over moneys received from the additional
fees authorized pursuant to subdivisions (a) and (b), that shall be
deposited in a special fund created for those purposes, until such
time as the county elects to fund a dispute resolution program.
Records of those fees shall be available for inspection by the
public, upon request.
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 632 1 of the
Business and Professions Code is repealed.
6321. On the commencement in, or the removal to, the superior
court of any county in this state, of any civil action, proceeding,
or appeal, and on the commencement in, or removal to, the municipal
court in any county, of any civil action or proceeding, the party
instituting such proceeding, or filing the first papers, shall pay to
the clerk of the court, for the law library, on filing the first
papers, the sum of one dollar ($1) as costs, in addition to the fees
fixed by law.
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.
6322. Thereafter, any defendant, respondent, adverse party, or
intervening party, on making a first appearance in a superior or
municipal court, or any number of defendants, respondents, or
parties, appearing jointly, shall pay to the clerk of the court, for
the law library, the sum of one dollar ($1) as costs, in addition to
the fees fixed by law.
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) Except in counties containing a population
of 4,000,000 and over 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 costs provided in Sections 6321 and 6322
to not more than twenty dollars ($20) for each event therein
described amount distributed to its county law library
fund from the uniform filing fees listed in Section 6321
whenever it shall determine determines
that the increase is necessary to defray the expenses of the law
library. After January 1, 1995, the board of supervisors of
the county may increase those costs to an amount over twenty dollars
($20) but in no case may this increase in any year be greater than
three dollars ($3) if the board of supervisors excludes the library
fee from the definition of the "total filing fee," nor more than five
dollars ($5) in any year if the library fee is included in the
definition of "total filing fee," under Sections 26820.6 and 72055 of
the Government Code.
Until January 1, 1994, the board of supervisors may
exclude no more than eight dollars ($8) of the increase in the law
library fee over the law library fee that was in effect on January 1,
1990, from the definition of "total fee" under Sections 26820.6 and
72055 of the Government Code. 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 no
event may the total law library fee in actions and proceedings
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 exceed the law
library fee in effect on January 1, 1990. To facilitate computation
of the correct fee pursuant to this section , the
uniform filing fee shall be reduced by fifteen dollars ($15) to one
hundred sixty-five dollars ($165) if the complaint
shall contain contains a declaration under
penalty of perjury , executed by a
the party requesting a the
reduction in fees to the January 1, 1990, level
, that the case filed 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.
(b) In counties containing a population of 4,000,000 and over, the
board of law library trustees may increase the costs provided in
Sections 6321 and 6322 to not more than ten dollars ($10) for each
event therein described whenever it shall determine that the increase
is necessary to defray the expenses of the law library. After
January 1, 1995, the board of supervisors of the county may increase
those costs to an amount over ten dollars ($10) but in no case may
this increase in any year be greater than two dollars ($2) if the
board of supervisors excludes the library fee from the definition of
the "total filing fee," nor more than four dollars ($4) in any year
if the library fee is included in the definition of "total filing fee"
under Sections 26820.6 and 72055 of the Government Code.
Until January 1, 1994, the board of supervisors may exclude no
more than eight dollars ($8) of the increase in the law library fee
over the law library fee that was in effect on January 1, 1990, from
the definition of "total fee" under Sections 26820.6 and 72055 of the
Government Code.
In no event may the total law library fee in actions and
proceedings in which a claim for money damages falls within the
monetary jurisdiction of 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 exceed the
law library fee in effect on January 1, 1990. To facilitate
computation of the correct fee pursuant to this section, the
complaint shall contain a
declaration under penalty of perjury executed by a party requesting
a reduction in fees to the January 1, 1990, level that the case filed
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.
(c) Notwithstanding any other provision of law, any increase or
decrease in costs of law library fees in any county shall not be
effective until January 1 of the year next following adoption by the
board of supervisors or the law library board of trustees of the
increase or decrease, except that any fee increase adopted by a board
of supervisors in 1990 in accordance with subdivision (a) or (b) may
be immediately implemented in accordance with the resolution of the
board of supervisors.
(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.
6323. Such costs shall not be collected, however, in small claims
courts, nor shall they be collected on the filing of a petition for
letters of adoption, or the filing of a disclaimer.
SEC. 12. Section 6324 of the Business
and Professions Code is amended to read:
6324. The board of supervisors of any county may set
apart from the fees collected by the clerk of the court, sums not
exceeding one thousand two hundred dollars ($1,200) in any one fiscal
year, to be paid by the clerk into the law library fund in addition
to the moneys otherwise provided to be deposited in that fund by law.
The board of supervisors may also
appropriate from the county treasury for law library purposes such
additional sums as may in their discretion appear
proper. When so paid into the law library fund, such
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. (a) 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.
(b) Notwithstanding subdivision (a), commencing July 1, 1993, the
auditing officer is not required to audit the orders and demands of
the trustees of the law library. This subdivision shall become
inoperative on July 1, 1994.
SEC. 14. Section 6326 of the Business
and Professions Code is amended to read:
6326. A revolving fund of not more than seven
thirty thousand five hundred dollars
($7,500) ($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 seven
hundred fifty three thousand dollars
($750) ($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 seven hundred fifty three
thousand dollars ($750) ($3,000)
each by check on the signature of the secretary or any other person
or persons designated by the board.
SECTION 1.
SEC. 15. Section 43.55 of the Civil Code is amended to read:
43.55. (a) There shall be no liability on the part of, and no
cause of action shall arise against, any peace officer who makes an
arrest pursuant to a warrant of arrest regular upon its face if the
peace officer in making the arrest acts without malice and in the
reasonable belief that the person arrested is the one referred to in
the warrant.
(b) As used in this section, a "warrant of arrest regular upon its
face" includes both of the following:
(1) A paper arrest warrant that has been issued pursuant to a
judicial order.
(2) A judicial order that is entered into an automated warrant
system by law enforcement or court personnel authorized to make those
entries at or near the time the judicial order is made.
SEC. 16. 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 Article 2 Chapter 5.8
(commencing with Section 26820) 70600)
of Division 2 of Title 3 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.
(i) Prior to July 1, 2000, the Judicial Council shall adopt a form
to accomplish the filing authorized by this section.
SEC. 17. Section 116.230 of the Code of
Civil Procedure , as amended by Section 1 of Chapter 159
of the Statutes of 2003, is repealed.
116.230. (a) A fee of twenty dollars ($20) shall be collected for
the filing of a claim if the number of claims previously filed by
the party in each court within the previous 12 months is 12 or less.
(b) A fee of sixty dollars ($60) shall be collected for the filing
of any additional claims.
(c) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and collected
for each defendant to whom the court clerk mails a copy of the claim
under Section 116.340.
(d) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating the
number of claims so filed and submitted to the clerk with the current
claim.
(e) Five dollars ($5) of the fee authorized in subdivision (a)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(f) Thirty dollars ($30) of the fee authorized in subdivision (b)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code and transmitted therefrom monthly to the
Controller for deposit in the Trial Court Trust Fund.
(g) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 18. Section 116.230 of the Code of
Civil Procedure , as added by Section 2 of Chapter 159 of
the Statutes of 2003, is repealed.
116.230. (a) A fee of twenty dollars ($20) shall be charged and
collected for the filing of a claim if the number of claims
previously filed by the party in each court within the previous 12
months is 12 or less; and a fee of thirty-five dollars ($35) shall be
collected for the filing of any additional claims.
(b) A fee to cover the actual cost of court service by mail,
adjusted upward to the nearest dollar, shall be charged and collected
for each defendant to whom the court clerk mails a copy of the claim
under Section 116.340.
(c) The number of claims filed by a party during the previous 12
months shall be determined by a declaration by the party stating the
number of claims so filed and submitted to the clerk with the current
claim.
(d) Five dollars ($5) of the fees authorized in subdivision (a)
shall be deposited upon collection in the special account in the
county treasury established pursuant to subdivision (b) of Section
68085 of the Government Code, and transmitted therefrom monthly to
the Controller for deposit in the Trial Court Trust Fund.
(e) This section shall become operative July 1, 2006.
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).
(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. 20. 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. 21. 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. 2.
SEC. 22. Section 116.330 of the Code of Civil Procedure is
amended to read:
116.330. (a) When a claim is filed, the clerk shall schedule the
case for hearing and shall issue an order directing the parties to
appear at the time set for the hearing with witnesses and documents
to prove their claim or defense. The case shall be scheduled for
hearing no earlier than 20 days but not more than 70 days from the
date of the order.
(b) In lieu of the method of setting the case for hearing
described in subdivision (a), at the time a claim is filed the clerk
may do all of the following:
(1) Cause a copy of the claim to be mailed to the defendant by any
form of mail providing for a return receipt.
(2) On receipt of proof that the claim was served as provided in
paragraph (1), issue an order scheduling the case for hearing in
accordance with subdivision (a) and directing the parties to appear
at the time set for the hearing with witnesses and documents to prove
their claim or defense.
(3) Cause a copy of the order setting the case for hearing and
directing the parties to appear, to be served upon the parties by any
form of mail providing for a return receipt.
SEC. 3.
SEC. 23. Section 116.340 of the Code of Civil Procedure is
amended to read:
116.340. (a) Service of the claim and order on the defendant may
be made by any one of the following methods:
(1) The clerk may cause a copy of the claim and order to be mailed
to the defendant by any form of mail providing for a return receipt.
(2) The plaintiff may cause a copy of the claim and order to be
delivered to the defendant in person.
(3) The plaintiff may cause service of a copy of the claim and
order to be made by substituted service as provided in subdivision
(a) or (b) of Section 415.20 without the need to attempt personal
service on the defendant. For these purposes, substituted service as
provided in subdivision (b) of Section 415.20 may be made at the
office of the sheriff or marshal who shall deliver a copy of the
claim and order to any person authorized by the defendant to receive
service, as provided in Section 416.90, who is at least 18 years of
age, and thereafter mailing a copy of the claim and order to the
defendant's usual mailing address.
(4) The clerk may cause a copy of the claim to be mailed, the
order to be issued, and a copy of the order to be mailed as provided
in subdivision (b) of Section 116.330.
(b) Proof of service of the claim and order shall be filed with
the small claims court at least five days before the hearing.
(c) Service of the claim and order on the defendant shall be
completed at least 15 days before the hearing date if the defendant
resides within the county in which the action is filed, or at least
20 days before the hearing date if the defendant resides outside the
county in which the action is filed.
(d) Service by the methods described in subdivision (a) shall be
deemed complete on the date that the defendant signs the mail return
receipt, on the date of the personal service, as provided in Section
415.20, or as established by other competent evidence, whichever
applies to the method of service used.
(e) Service shall be made within this state, except as provided in
subdivisions (f) and (g).
(f) The owner of record of real property in California who resides
in another state and who has no lawfully designated agent in
California for service of process may be served by any of the methods
described in this section if the claim relates to that property.
(g) A nonresident owner or operator of a motor vehicle involved in
an accident within this state may be served pursuant to the
provisions on constructive service in Sections 17450 to 17461,
inclusive, of the Vehicle Code without regard to whether the
defendant was a nonresident at the time of the accident or when the
claim was filed. Service shall be made by serving both the Director
of the California Department of Motor Vehicles and the defendant, and
may be made by any of the methods authorized by this chapter or by
registered mail as authorized by Section 17454 or 17455 of the
Vehicle Code.
(h) If an action is filed against a principal and his or her
guaranty or surety pursuant to a guarantor or suretyship agreement, a
reasonable attempt shall be made to complete service on the
principal. If service is not completed on the principal, the action
shall be transferred to the court of appropriate jurisdiction.
SEC. 24. 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 and the sum of one dollar ($1) for a
transmittal fee . 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. 4.
SEC. 25. Section 116.725 of the Code of Civil Procedure is
repealed.
SEC. 5.
SEC. 26. Section 116.725 is added to the Code of Civil
Procedure, to read:
116.725. (a) A motion to correct a clerical error in a judgment
or to set aside and vacate a judgment on the ground of an incorrect
or erroneous legal basis for the decision may be made as follows:
(1) By the court on its own motion at any time.
(2) By a party within 30 days after the clerk mails notice of
entry of judgment to the parties.
(b) Each party may file only one motion to correct a clerical
error or to set aside and vacate the judgment on the ground of an
incorrect or erroneous legal basis for the decision.
SEC. 27. Section 116.745 of the Code of
Civil Procedure is amended to read:
116.745. The clerk shall charge and collect
fees a fee of twenty dollars ($20) for
the filing of a motion to vacate , as provided by Section
26830 of the Government Code .
SEC. 28. Section 116.760 of the Code of
Civil Procedure is amended to read:
116.760. (a) The appealing party shall pay the same fees
that are required for an appeal of a limited civil case
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. 6.
SEC. 29. Section 116.780 of the Code of Civil Procedure is
amended to read:
116.780. (a) The judgment of the superior court after a hearing
on appeal is final and not appealable.
(b) Article 6 (commencing with Section 116.610) on judgments of
the small claims court applies to judgments of the superior court
after a hearing on appeal, except as provided in subdivisions (c) and
(d).
(c) For good cause and where necessary to achieve substantial
justice between the parties, the superior court may award a party to
an appeal reimbursement of (1) attorney's fees actually and
reasonably incurred in connection with the appeal, not exceeding one
hundred fifty dollars ($150), and (2) actual loss of earnings and
expenses of transportation and lodging actually and reasonably
incurred in connection with the appeal, not exceeding one hundred
fifty dollars ($150).
SEC. 30. 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 Sections 26828, 26830, and
26834 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, an order of examination of
a judgment debtor, or an abstract of judgment.
Except as provided in Section 26830 of the Government Code, all the
fees shall be deposited in a special account in the county treasury
and transmitted therefrom to the Controller for deposit in
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 a dopted 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. 31. 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 local agency superior court
pursuant to Sections 50050 to 50056, inclusive,
Section 68084.1 of the Government Code.
(h) The board of supervisors shall set a A
fee , not to exceed the actual costs of
administering this section, up to a maximum of twenty-five
twenty dollars ($25), which
($20) shall be paid by the judgment debtor for the
costs of administering this section .
SEC. 32. Section 116.910 of the Code of
Civil Procedure is repealed.
116.910. (a) Except as provided in this chapter (including, but
not limited to, Section 116.230), no fee or charge shall be collected
by any officer for any service provided under this chapter.
(b) All fees collected under this chapter shall be deposited with
the treasurer of the city and county or county in whose jurisdiction
the court is located.
(c) Six dollars ($6) of each fifteen dollar ($15) fee and fourteen
dollars ($14) of each thirty dollar ($30) fee charged and collected
under subdivision (a) of Section 116.230 shall be deposited by each
county in a special account. Of the money deposited in this account:
(1) In counties with a population of less than 4,000,000, a
minimum of 50 percent shall be used to fund the small claims adviser
service described in Section 116.940. The remainder of these funds
shall be used for court and court-related programs. Records of these
moneys shall be available for inspection by the public on request.
(2) In counties with a population of at least 4,000,000, not less
than five hundred thousand dollars ($500,000) shall be used to fund
the small claims adviser service described in Section 116.940. That
amount shall be increased each fiscal year by an amount equal to the
percentage increase in revenues derived from small claims court
filing fees over the prior fiscal year. The remainder of these funds
shall be used for court and court-related programs. Records of these
moneys shall be available for inspection by the public on request.
(d) 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
fiscal year 1989-90. Nothing in this section shall preclude the
county from procuring other funding, including state court block
grants, to comply with the requirements of Section 116.940.
SEC. 7.
SEC. 33. Section 128.7 of the Code of Civil Procedure is
amended to read:
128.7. (a) Every pleading, petition, written notice of motion, or
other similar paper shall be signed by at least one attorney of
record in the attorney's individual name, or, if the party is not
represented by an attorney, shall be signed by the party. Each paper
shall state the signer's address and telephone number, if any. Except
when otherwise provided by law, pleadings need not be verified or
accompanied by affidavit. An unsigned paper shall be stricken unless
omission of the signature is corrected promptly after being called to
the attention of the attorney or party.
(b) By presenting to the court, whether by signing, filing,
submitting, or later advocating, a pleading, petition, written notice
of motion, or other similar paper, an attorney or unrepresented
party is certifying that to the best of the person's knowledge,
information, and belief, formed after an inquiry reasonable under the
circumstances, all of the following conditions are met:
(1) It is not being presented primarily for an improper purpose,
such as to harass or to cause unnecessary delay or needless increase
in the cost of litigation.
(2) The claims, defenses, and other legal contentions therein are
warranted by existing law or by a nonfrivolous argument for the
extension, modification, or reversal of existing law or the
establishment of new law.
(3) The allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have
evidentiary support after a reasonable opportunity for further
investigation or discovery.
(4) The denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on a
lack of information or belief.
(c) If, after notice and a reasonable opportunity to respond, the
court determines that subdivision (b) has been violated, the court
may, subject to the conditions stated below, impose an appropriate
sanction upon the attorneys, law firms, or parties that have violated
subdivision (b) or are responsible for the violation. In determining
what sanctions, if any, should be ordered, the court shall consider
whether a party seeking sanctions has exercised due diligence.
(1) A motion for sanctions under this section shall be made
separately from other motions or requests and shall describe the
specific conduct alleged to violate subdivision (b). Notice of motion
shall be served as provided in Section 1010, but shall not be filed
with or presented to the court unless, within 21 days after service
of the motion, or any other period as the court may prescribe, the
challenged paper, claim, defense, contention, allegation, or denial
is not withdrawn or appropriately corrected. If warranted, the court
may award to the party prevailing on the motion the reasonable
expenses and attorney's fees incurred in presenting or opposing the
motion. Absent exceptional circumstances, a law firm shall be held
jointly responsible for violations committed by its partners,
associates, and employees.
(2) On its own motion, the court may enter an order describing the
specific conduct that appears to violate subdivision (b) and
directing an attorney, law firm, or party to show cause why it has
not violated subdivision (b), unless, within 21 days of service of
the order to show cause, the challenged paper, claim, defense,
contention, allegation, or denial is withdrawn or appropriately
corrected.
(d) A sanction imposed for violation of subdivision (b) shall be
limited to what is sufficient to deter repetition of this conduct or
comparable conduct by others similarly situated. Subject to the
limitations in paragraphs (1) and (2), the sanction may consist of,
or include, directives of a nonmonetary nature, an order to pay a
penalty into court, or, if imposed on motion and warranted for
effective deterrence, an order directing payment to the movant of
some or all of the reasonable attorney's fees and other expenses
incurred as a direct result of the violation.
(1) Monetary sanctions may not be awarded against a represented
party for a violation of paragraph (2) of subdivision (b).
(2) Monetary sanctions may not be awarded on the court's motion
unless the court issues its order to show cause before a voluntary
dismissal or settlement of the claims made by or against the party
that is, or whose attorneys are, to be sanctioned.
(e) When imposing sanctions, the court shall describe the conduct
determined to constitute a violation of this section and explain the
basis for the sanction imposed.
(f) In addition to any award pursuant to this section for conduct
described in subdivision (b), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.
(g) This section shall not apply to disclosures and discovery
requests, responses, objections, and motions.
(h) A motion for sanctions brought by a party or a party's
attorney primarily for an improper purpose, such as to harass or to
cause unnecessary delay or needless increase in the cost of
litigation, shall itself be subject to a motion for sanctions. It is
the intent of the Legislature that courts shall vigorously use its
sanctions authority to deter that improper conduct or comparable
conduct by others similarly situated.
(i) This section shall apply to a complaint or petition filed on
or after January 1, 1995, and any other pleading, written notice of
motion, or other similar paper filed in that matter.
SEC. 34. 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
county in which the judicial officer is located
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. 35. 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.
Notwithstanding any other provision of law, the
The full amount of any sanction paid shall be deposited in
a special account in the county treasury
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. 8.
SEC. 36. Section 396b of the Code of Civil Procedure is
amended to read:
396b. (a) Except as otherwise provided in Section 396a, if an
action or proceeding is commenced in a court having jurisdiction of
the subject matter thereof, other than the court designated as the
proper court for the trial thereof, under this title, the action may,
notwithstanding, be tried in the court where commenced, unless the
defendant, at the time he or she answers, demurs, or moves to strike,
or, at his or her option, without answering, demurring, or moving to
strike and within the time otherwise allowed to respond to the
complaint, files with the clerk, a notice of motion for an order
transferring the action or proceeding to the proper court, together
with proof of service, upon the adverse party, of a copy of those
papers. Upon the hearing of the motion the court shall, if it appears
that the action or proceeding was not commenced in the proper court,
order the action or proceeding transferred to the proper court.
(b) In its discretion, the court may order the payment to the
prevailing party of reasonable expenses and attorney's fees incurred
in making or resisting the motion to transfer whether or not that
party is otherwise entitled to recover his or her costs of action. In
determining whether that order for expenses and fees shall be made,
the court shall take into consideration (1) whether an offer to
stipulate to change of venue was reasonably made and rejected, and
(2) whether the motion or selection of venue was made in good faith
given the facts and law the party making the motion or selecting the
venue knew or should have known. As between the party and his or her
attorney, those expenses and fees shall be the personal liability of
the attorney not chargeable to the party. Sanctions shall not be
imposed pursuant to this subdivision except on notice contained in a
party's papers, or on the court's own noticed motion, and after
opportunity to be heard.
(c) The court in a proceeding for dissolution of marriage or legal
separation or under the Uniform Parentage Act (Part 3 (commencing
with Section 7600) of Division 12 of the Family Code) may, prior to
the determination of the motion to transfer, consider and determine
motions for allowance of temporary spousal support, support of
children, and counsel fees and costs, and motions to determine
custody of and visitation with children, and may make all necessary
and proper orders in connection therewith.
(d) In any case, if an answer is filed, the court may consider
opposition to the motion to transfer, if any, and may retain the
action in the county where commenced if it appears that the
convenience of the witnesses or the ends of justice will thereby be
promoted.
(e) If the motion to transfer is denied, the court shall allow the
defendant time to move to strike, demur, or otherwise plead if the
defendant has not previously filed a response.
SEC. 37. Section 403.060 of the Code of
Civil Procedure is amended to read:
403.060. (a) The fee for For
reclassification of a case from a limited civil case to an unlimited
civil case shall be one hundred twenty-five dollars ($125)
, 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. 38. 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 he or she
(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 (d), either by (e). The notice
also shall state that the administrative charge and the filing fee
shall be paid in cash or , by
certified check . If a complaint or other first paper, or
any subsequent filing, is accompanied by payment in an amount less
than the required fee, the clerk shall accept the paper for filing
and, by mail, notify the party tendering the check that he or she has
20 days from the date of mailing of the notice within which to pay
the amount due, except as provided in subdivision (d)
, 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
, or the party who paid less than the required fee or on
whose behalf the fee was paid, has not paid the full
amount of the fee and the administrative charge
either by cash or certified check
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
without microfilming 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 pleading in
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 adverse party's
responsive filing is not required , and
the adverse 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 . If
an adverse party tenders a check that is returned without payment,
the procedures in subdivisions (a) and (b) shall apply
, 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.
(d)
(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.
(e)
(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, or if payment is in
an amount less than the required fee, 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 either
and the administrative charge specified in subdivision
(g), by cash or by certified 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. 39. 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. 9.
SEC. 40. Section 415.21 of the Code of Civil Procedure is
amended to read:
415.21. (a) Notwithstanding any other provision of law, any
person shall be granted access to a gated community for a reasonable
period of time for the purpose of performing lawful service of
process or service of a subpoena, upon identifying to the guard the
person or persons to be served, and upon displaying a current driver'
s license or other identification, and one of the following:
(1) A badge or other confirmation that the individual is acting in
his or her capacity as a representative of a county sheriff or
marshal.
(2) Evidence of current registration as a process server pursuant
to Chapter 16 (commencing with Section 22350) of Division 8 of the
Business and Professions Code.
(b) This section shall only apply to a gated community that is
staffed at the time service of process is attempted by a guard or
other security personnel assigned to control access to the community.
SEC. 41. 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 72055
70613 of the Government Code.
SEC. 10.
SEC. 42. Section 425.115 of the Code of Civil Procedure is
amended to read:
425.115. (a) As used in this section:
(1) "Complaint" includes a cross-complaint.
(2) "Plaintiff" includes a cross-complainant.
(3) "Defendant" includes a cross-defendant.
(b) The plaintiff preserves the right to seek punitive damages
pursuant to Section 3294 of the Civil Code on a default judgment by
serving upon the defendant the following statement, or its
substantial equivalent:
NOTICE TO ____________________________________
(Insert name of defendent or corss-
___________ :
defendent)
_____________________ reserves the right to seek
(Insert name of plaintiff or
cross-complainant)
$ ____________________ in punitive damages
(Insert dollar amount)
when ___________________ seeks a judgment in the
(Insert name of plaintiff or
cross-complainant)
suit filed against you.
_____________________________ ________________
(Insert name of attorney or
(Date)
party appearing in propria
persona)
(c) If the plaintiff seeks punitive damages pursuant to Section
3294 of the Civil Code, and if the defendant appears in the action,
the plaintiff shall not be limited to the amount set forth in the
statement served on the defendant pursuant to this section.
(d) A plaintiff who serves a statement on the defendant pursuant
to this section shall be deemed to have complied with Sections 425.10
and 580 of this code and Section 3295 of the Civil Code.
(e) The plaintiff may serve a statement upon the defendant
pursuant to this section, and may serve the statement as part of the
statement required by Section 425.11.
(f) The plaintiff shall serve the statement upon the defendant
pursuant to this section before a default may be taken, if the motion
for default judgment includes a request for punitive damages.
(g) The statement referred to in subdivision (b) shall be served
by one of the following methods:
(1) If the party has not appeared in the action, the statement
shall be served in the same manner as a summons pursuant to Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2
of the Code of Civil Procedure.
(2) If the party has appeared in the action, the statement
shall be served upon his or her attorney, or upon the party if he or
she has appeared without an attorney, either in the same manner as a
summons pursuant to Article 3 (commencing with Section 415.10) of
Chapter 4 or in the manner provided by Chapter 5 (commencing with
Section 1010) of Title 14.
SEC. 43. 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, a the superior court
of similar jurisdiction in the county where the
person resides or has a place of business is a proper court for
examination of the person. If there is no court of similar
jurisdiction in the county, a court of higher jurisdiction is a
proper court.
(d) If the plaintiff seeks an examination of a person before a
court other than the court that issued the writ, the plaintiff shall
do file an application that shall include
all of the following:
(1) File with the court from which the order is sought a
A certified copy of the complaint in
the pending action.
(2) Present to the court an An
affidavit in support of the application for the order
stating the place of residence or place of business of the
person sought to be examined.
(3) Make any Any necessary affidavit
or showing for the examination as required by Section 491.110.
(4) At the time of filing the application for the order,
pay The filing fee of twelve dollars
($12). No law library fee shall be charged for a
motion as provided in subdivision (a) of Section 70617 of the
Government Code .
SEC. 44. Section 573 of the Code of
Civil Procedure is repealed.
573. Whenever money is paid into or deposited in the court, the
same must be delivered to the clerk, or, if there be no clerk, to the
judge, in person, or to such of the clerk's deputies as shall be
specially authorized by his appointment in writing to receive the
same. Such appointment must be filed with the county treasurer, who
must exhibit it, and give to each person applying for the same a
certified copy of the same. It shall be in force until a revocation
in writing is filed with the county treasurer, who must thereupon
write "revoked," in ink, across the face of the appointment. The
judge, clerk, or such deputy clerk, must, unless otherwise directed
by law, deposit such money with the county treasurer, to be held by
him subject to the order of the court. The treasurer must keep each
fund distinct, and open an account for each. For the safekeeping of
the money deposited with him the treasurer is liable on his official
bond.
SEC. 45. 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. 46. 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 (c) (d)
and (d) (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.
(c)
(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.
(d)
(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.
(e)
(f) In the case of a judgment for possession or sale of
property, the entry of renewal shall describe the performance
remaining due.
SEC. 47. 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 a
the superior court of similar jurisdiction in
the county where the dwelling is located or, if
there is no court of similar jurisdiction, to a court of higher
jurisdiction in that county .
(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 a the
filing fee of twelve dollars ($12). No law library fee
shall be charged for a motion as provided in
subdivision (a) of Section 70617 of the Government Code .
SEC. 48. 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,
a the superior court of
similar jurisdiction in the county where the person resides
or has a place of business is a proper court for examination of the
person. If there is no court of similar jurisdiction in the
county, a court of higher jurisdiction is a proper court.
(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 do file an
application that shall include all of the following:
(1) File with the court from which the order is sought an
An abstract of judgment in the form prescribed
by Section 674.
(2) Present to the court an An
affidavit in support of the application for the order
stating the place of residence or place of business of the
person sought to be examined.
(3) Make any Any necessary affidavit
or showing for the examination as required by Section 708.110 or
708.120.
(4) At the time of filing the abstract of judgment, pay a
The filing fee of twelve dollars
($12). No law library fee shall be charged for a
motion as provided in subdivision (a) of Section 70617 of the
Government Code .
SEC. 49. 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
a the fee of three dollars
($3) 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. 11.
SEC. 50. Section 998 of the Code of Civil Procedure is
amended to read:
998. (a) The costs allowed under Sections 1031 and 1032 shall be
withheld or augmented as provided in this section.
(b) Not less than 10 days prior to commencement of trial or
arbitration (as provided in Section 1281 or 1295) of a dispute to be
resolved by arbitration, any party may serve an offer in writing upon
any other party to the action to allow judgment to be taken or an
award to be entered in accordance with the terms and conditions
stated at that time. The written offer shall include, after the
statement of the offer containing the terms and conditions of the
judgment or award, a provision that allows the accepting party to
indicate acceptance of the offer by signing a statement that the
offer is accepted. Any acceptance of the offer, whether made on the
document containing the offer or on a separate document of
acceptance, shall be in writing and shall be signed by counsel
for the accepting party or, if not represented by counsel, by
the accepting party.
(1) If the offer is accepted, the offer with proof of acceptance
shall be filed and the clerk or the judge shall enter judgment
accordingly. In the case of an arbitration, the offer with proof of
acceptance shall be filed with the arbitrator or arbitrators who
shall promptly render an award accordingly.
(2) If the offer is not accepted prior to trial or arbitration or
within 30 days after it is made, whichever occurs first, it shall be
deemed withdrawn, and cannot be given in evidence upon the trial or
arbitration.
(3) For purposes of this subdivision, a trial or arbitration shall
be deemed to be actually commenced at the beginning of the opening
statement of the plaintiff or counsel, and if there is no opening
statement, then at the time of the administering of the oath or
affirmation to the first witness, or the introduction of any
evidence.
(c) (1) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
plaintiff shall not recover his or her postoffer costs and shall pay
the defendant's costs from the time of the offer. In addition, in any
action or proceeding other than an eminent domain action, the court
or arbitrator, in its discretion, may require the plaintiff to pay a
reasonable sum to cover costs of the services of expert witnesses,
who are not regular employees of any party, actually incurred and
reasonably necessary in either, or both, preparation for trial or
arbitration, or during trial or arbitration, of the case by the
defendant.
(2) (A) In determining whether the plaintiff obtains a more
favorable judgment, the court or arbitrator shall exclude the
postoffer costs.
(B) It is the intent of the Legislature in enacting subparagraph
(A) to supersede the holding in Encinitas Plaza Real v. Knight, 209
Cal. App.3d 996, that attorney's fees awarded to the prevailing party
were not costs for purposes of this section but were part of the
judgment.
(d) (1) If an offer made by
a plaintiff is not accepted and the defendant fails to obtain a more
favorable judgment or award in any action or proceeding other than an
eminent domain action, the court or arbitrator, in its discretion,
may require the defendant to pay a reasonable sum to cover post-offer
costs of the services of expert witnesses, who are not regular
employees of any party, actually incurred and reasonably necessary in
either, or both, preparation for trial or arbitration, or during
trial or arbitration, of the case by the plaintiff, in addition to
plaintiff's costs.
(2) (A) In determining whether the plaintiff obtains a more
favorable judgement, the court or arbitrator shall exclude the
post-offer costs.
(B) It is the intent of the Legislature in enacting subparagraph
(A) to supersede the holding in Encinitas Plaza Real v. Knight (1989)
209 Cal.App.3d 996 that attorney's fees awarded to the prevailing
party are not costs for purposes of this section, but are part of the
judgement.
(e) If an offer made by a defendant is not accepted and the
plaintiff fails to obtain a more favorable judgment or award, the
costs under this section, from the time of the offer, shall be
deducted from any damages awarded in favor of the plaintiff. If the
costs awarded under this section exceed the amount of the damages
awarded to the plaintiff the net amount shall be awarded to the
defendant and judgment or award shall be entered accordingly.
(f) Police officers shall be deemed to be expert witnesses for the
purposes of this section. For purposes of this section, "plaintiff"
includes a cross-complainant and "defendant" includes a
cross-defendant. Any judgment or award entered pursuant to this
section shall be deemed to be a compromise settlement.
(g) This chapter does not apply to either of the following:
(1) An offer that is made by a plaintiff in an eminent domain
action.
(2) Any enforcement action brought in the name of the people of
the State of California by the Attorney General, a district attorney,
or a city attorney, acting as a public prosecutor.
(h) The costs for services of expert witnesses for trial under
subdivisions (c) and (d) shall not exceed those specified in Section
68092.5 of the Government Code.
(i) This section shall not apply to labor arbitrations filed
pursuant to memoranda of understanding under the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1
of the Government Code).
SEC. 51. 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 a
the fee of fifteen dollars ($15) as
provided in subdivision (b) of Section 70626 of
the Government Code . No fee shall be collected from the
defendant. No fee shall be paid by the clerk of the court in
which a confession of judgment is filed for the law library fund nor
for services of any court reporter .
(c) The statement and affidavit, with the judgment endorsed
thereon, together with the certificate filed pursuant to Section
1132, becomes the judgment roll.
SEC. 52. 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 four fifteen
dollars ($4) ($15) for filing a
first appearance by the plaintiff. This fee shall be
included as part of the total 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. 53. 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 72056 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. 54. 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 72056 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 paragraphs 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. 55. 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. 56. 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 10605 103625 of the Health and
Safety Code, subdivision (a) of Section
26832 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 10605 103625
of the Health and Safety Code.
SEC. 57. 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
shall be twenty dollars ($20) , 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. 12.
SEC. 58. Section 811.9 of the Government Code is amended to
read:
811.9. (a) Notwithstanding any other provision of law, judges,
subordinate judicial officers, and court executive officers of the
superior courts are state officers for purposes of Part 1 (commencing
with Section 810) to Part 7 (commencing with Section 995),
inclusive, and trial court employees are employees of the trial court
for purposes of Part 1 (commencing with Section 810) to Part 7
(commencing with Section 995), inclusive. The Judicial Council shall
provide for representation, defense, and indemnification of those
individuals and the court pursuant to Part 1 (commencing with Section
810) to Part 7 (commencing with Section 995), inclusive. The
Judicial Council shall provide for that representation or defense
through the county counsel, the Attorney General, or other counsel.
The county counsel and the Attorney General may, but are not required
to, provide representation or defense for the Judicial Council. The
fact that a justice, judge, subordinate judicial officer, court
executive officer, court employee, the court, the Judicial Council,
or the Administrative Office of the Courts is or was represented or
defended by the county counsel, the Attorney General, or other
counsel shall not be the sole basis for a judicial determination of
disqualification of a justice, judge, subordinate judicial officer,
the county counsel, the Attorney General, or other counsel in
unrelated actions.
(b) To promote the cost-effective, prompt, and fair resolution of
actions, proceedings, and claims affecting the trial courts, the
Judicial Council shall adopt rules of court requiring the
Administrative Office of the Courts to manage actions, proceedings,
and claims that affect the trial courts and involve superior courts,
superior court judges, subordinate judicial officers, court executive
officers, or trial court employees in consultation with the affected
courts and individuals. The Administrative Office of the Courts'
management of these actions, proceedings, and claims shall include,
but not be limited to, case management and administrative
responsibilities such as selection of counsel and making strategic
and settlement decisions.
(c) Nothing in this section shall be construed to affect the
employment status of subordinate judicial officers, court executive
officers, and trial court employees related to any matters not
covered by subdivision (a).
SEC. 13.
SEC. 59. Section 905 of the Government Code is amended to
read:
905. There shall be presented in accordance with Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) of this part all claims for money or damages against local
public entities except:
(a) Claims under the Revenue and Taxation Code or other statute
prescribing procedures for the refund, rebate, exemption,
cancellation, amendment, modification or adjustment of any tax,
assessment, fee or charge or any portion thereof, or of any
penalties, costs or charges related thereto.
(b) Claims in connection with which the filing of a notice of
lien, statement of claim, or stop notice is required under any
provision of law relating to mechanics', laborers' or materialmen's
liens.
(c) Claims by public employees for fees, salaries, wages, mileage
or other expenses and allowances.
(d) Claims for which the workers' compensation authorized by
Division 4 (commencing with Section 3200) of the Labor Code is the
exclusive remedy.
(e) Applications or claims for any form of public assistance under
the Welfare and Institutions Code or other provisions of law
relating to public assistance programs, and claims for goods,
services, provisions or other assistance rendered for or on behalf of
any recipient of any form of public assistance.
(f) Applications or claims for money or benefits under any public
retirement or pension system.
(g) Claims for principal or interest upon any bonds, notes,
warrants, or other evidences of indebtedness.
(h) Claims that relate to a special assessment constituting a
specific lien against the property assessed and that are payable from
the proceeds of the assessment, by offset of a claim for damages
against it or by delivery of any warrant or bonds representing it.
(i) Claims by the state or by a state department or agency or by
another local public entity or by a judicial branch entity.
(j) Claims arising under any provision of the Unemployment
Insurance Code, including but not limited to claims for money or
benefits, or for refunds or credits of employer or worker
contributions, penalties, or interest, or for refunds to workers of
deductions from wages in excess of the amount prescribed.
(k) Claims for the recovery of penalties or forfeitures made
pursuant to Article 1 (commencing with Section 1720) of Chapter 1 of
Part 7 of Division 2 of the Labor Code.
(l) Claims governed by the Pedestrian Mall Law of 1960, Part 1
(commencing with Section 11000) of Division 13 of the Streets and
Highways Code.
SEC. 14.
SEC. 60. Section 905.7 is added to the Government Code, to
read:
905.7. All claims against a judicial branch entity for money or
damages based upon an express contract or for an injury for which the
judicial branch entity is liable shall be presented in accordance
with Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of this part. The provisions of this
section are declaratory of existing law.
SEC. 15.
SEC. 61. Section 910.4 of the Government Code is amended to
read:
910.4. The board shall provide forms specifying the information
to be contained in claims against the state or a judicial branch
entity. The person presenting a claim shall use the form in order
that his or her claim is deemed in conformity with Sections 910 and
910.2. A claim may be returned to the person if it was not presented
using the form. Any claim returned to a person may be resubmitted
using the appropriate form.
SEC. 16. 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 June 30, 2006,
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. This subdivision shall become inoperative on July 1,
2006, or upon the enactment of a uniform filing fee, whichever is
earlier.
(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.
SEC. 62. Section 24350.5 of the
Government Code is repealed.
24350.5. County officers shall, and township officers may, demand
the payment of all fees in civil cases, in advance.
SEC. 63. Section 24353 of the
Government Code is amen ded to read:
24353. Each officer of a county or judicial district
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
local 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 T itle 8 or fees and fines to which Section
68085.1 applies.
SEC. 64. Section 26820 of the
Government Code is amended to read:
26820. The county clerk shall charge and collect the fees fixed
in this article and in Article 2 (commencing with Section
72053) of Chapter 8 of Title 8 for service performed by the
clerk, when not otherwise provided by law.
SEC. 65. Section 26820.4 of the
Government Code is amended and renumbered to read:
26820.4. 70611. The
total uniform fee for filing of
the first paper in a civil action or proceeding in the
superior court, other than in a limited civil case or
, an adoption proceeding, shall be one
hundred eighty-five dollars ($185) 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. 66. Section 26820.6 of the
Government Code is repealed.
26820.6. The term "total fee" as used in Sections 26820.4, 26826,
and 26827, includes the amount allocated to the Judges' Retirement
Fund pursuant to Section 26822.3, the vital statistic fee imposed
pursuant to Section 26859, the fee for the automation and conversion
of court records imposed pursuant to Section 26863, any construction
fee imposed pursuant to Section 76238, and the law library fee
established pursuant to Article 2 (commencing with Section 6320) of
Chapter 5 of Division 3 of the Business and Professions Code. The
term "total fee" as used in Sections 26820.4, 26826, and 26827, also
includes any dispute resolution fee imposed pursuant to Section 470.3
of the Business and Professions Code, but the Judicial Council may
authorize any trial court to exclude any portion of this dispute
resolution fee from the term "total fee."
SEC. 67. Section 26820.7 of the
Government Code is repealed.
26820.7. The term "total fee" defined in Section 26820.6 also
includes any fee imposed pursuant to Section 74671.
SEC. 68. Section 26822.3 of the
Government Code is repealed.
26822.3. As part of the fees collected pursuant to Sections
26820.4, 26826, and 26827 a fee of three dollars ($3) shall be
collected.
The funds shall be transmitted at the end of each month to the
State Controller for payment into the Judges' Retirement Fund.
SEC. 69. Section 26823 of the
Government Code is amended and renumbered to read:
26823. 70618. (a)
When the venue in a case is changed, the
fee for making up and transmitting the transcript and papers is
twenty-three fifty dollars
($23) ($50) and a further sum equal to the
total uniform fee for filing in the
court to which the case is transferred. The clerk shall transmit the
total uniform filing fee with the
papers in the case to the clerk or judge of the court to which the
case is transferred.
(b) Notwithstanding Section 68085, fourteen dollars ($14) of the
fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 67. Section 26824 of the
Government Code is amended and renumbered to read:
26824. 70621. (a)
The fee for filing a notice of appeal to the appellate
division of the superior court in a limited civil case is
fifty one hundred dollars ($50)
($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. 68. Section 26826 of the
Government Code is amended and renumbered to read:
26826. 70612. (a) The
total uniform fee for filing the first paper in
the action described in Section 26820.4 70611
on behalf of any defendant, intervenor, respondent, or adverse
party, whether separately or jointly, except for the purpose of
making disclaimer shall be one ,
is three hundred eighty-two twenty
dollars ($182) ($320) . The
fee shall be distributed as provided in Section 68085.3 .
(b) As used in this section, the term "paper" does not include
any of the following:
(1) A
a stipulation for the appointment of a
temporary judge or of a court investigator, or the report made by the
court investigator.
(2) The declaration of a spouse filed in an order to show cause
proceeding.
(3) A marital settlement agreement which is signed by a defaulted
respondent and intended for incorporation in a proposed decree of
dissolution of marriage.
(4) A stipulation regarding the date of termination of the marital
status when the court has retained jurisdiction over that date.
(5) A document relating to a stipulated postjudgment modification
of child support.
(6) A stipulation to modify a marital settlement agreement which
was signed by a defaulted respondent and incorporated in a decree of
dissolution if the stipulation is presented by the petitioner.
SEC. 69. Section 26826.1 of the
Government Code is amended and renumbered to read:
26826.1. 70622. In addition to
the total uniform filing fee authorized
pursuant to Section 26820.4, 26826, or 26827 or any other
fee authorized by this code 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 motion for change of
venue from another court petition for dissolution of
marriage, dissolution of domestic partnership, legal separation, or
nullity of marriage , (d) a response to such a
petition for sole custody of a minor , or
(e) a first paper on behalf of any party in a proceeding under
Section 98.2 of the Labor Code , or (f) any motion, order to
show cause, or other proceeding seeking to modify or enforce any
judgment or order . 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, and
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. 70. Section 26826.2 of the
Government Code is repealed.
26826.2. In addition to the total filing fee authorized pursuant
to Section 26820.4 or 26826 or any other fee authorized by this code,
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 petition for dissolution of marriage, legal separation, or
nullity of a marriage, (b) a response to such a petition, or (c) any
motion, order to show cause, or other proceeding seeking to modify or
enforce any judgment or order which orders or awards custody of
minor children or specifies rights of visitation. The surcharge shall
be in an amount determined to be necessary by the board of
supervisors to cover the costs of constructing, maintaining, or
operating the conciliation court, including maintaining a secure
waiting area for minor children ordered brought before the court, as
well as enhancing or expanding the services of, or facilities for,
the conciliation court. The board of supervisors shall annually
review the requirements of the court and shall adjust the amount of
the surcharge to cover only those requirements determined to be
necessary.
SEC. 71. Section 26826.3 of the
Government Code is amended and renumbered to read:
26826.3. 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, in any county having established
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 that elects
where the court has elected to establish such a service
, the board of supervisors may, after giving notice and
holding a public hearing on the proposal, impose a surcharge of not
less than two dollars ($2) and not more than five dollars ($5) for
the filing in superior court of (1) a complaint, petition, or other
first paper in a civil or probate action or special proceeding, (2) a
first paper on behalf of any defendant, respondent, intervenor, or
adverse party, (3) a motion for change of venue from another court,
or (4) a first paper on behalf of any party in a proceeding under
Section 98.2 of the Labor Code. This surcharge shall be in addition
to the total filing fee, as defined in Section 26820.6, and as
applicable to Section 26820.4, 26826, 26827, or any other fee
authorized by this code. No party shall be required to pay the five
dollar ($5) surcharge more than once in any action .
(b) The surcharge shall be remitted monthly by the clerk
to the county treasurer, to be retained by the treasurer in a special
fund designated as the Children's Waiting Room Fund. The board of
supervisors shall 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 the fund
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.
(c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted statute
deletes or extends that date.
(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. 72. Section 26826.4 of the
Government Code is amended and renumbered to read:
26826.4. 70616. (a) In addition
to the first appearance fee required by Section 26820.4
70611 or 72055 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
26826 70612 or 72056
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 ($500)
($550) , unless the fee is reduced pursuant to this section.
The fee shall 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 as provided in Section 68085.1 .
(g) The fees provided by this section shall be subject to
the surcharge imposed by Section 68087.
(h) The fees provided by
this section are in addition to the total filing
fee authorized by Section 26820.4, 26826, 72055, or 72056,
or any other fee authorized by law 70611, 70612,
70613, or 70614 .
(i)
(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.
(j)
(i) The complex fees provided for in this section shall
be charged in all complex cases filed on or after August 18, 2003.
(k) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 73. 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:
26827. 70650. (a) The
total uniform filing fee for filing
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
testamentary 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) One Three hundred
eighty-five twenty dollars ($185)
($320) for estates or trusts under two hundred
fifty thousand dollars ($250,000).
(2) Two Three hundred fifty
eighty-five dollars ($250)
($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) Three Four hundred
fifty eighty-five dollars
($350) ($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) Five Six hundred
thirty-five dollars ($500) ($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
($1,000) ($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
($2,000) ($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 five six hundred
thirty-five dollars ($2,500)
($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 five six hundred
thirty-five dollars ($3,500)
($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 five six hundred
thirty-five dollars ($3,500)
($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 total uniform filing fee for
filing the first petition for special letters of
administration without the powers of a general personal
representative, the first petition for letters of
guardianship or letters of conservatorship, a petition for compromise
of a minor's claim, a petition pursuant to Section 13151 of the
Probate Code, a petition pursuant to Section 13650 of the Probate
Code, except as provided in Section 13652 of the Probate Code, or a
petition to contest 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
one three hundred eighty-five
twenty dollars ($185)
($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 one three hundred
eighty-five twenty dollars
($185) ($320) shall also be charged for filing
any 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 one
three hundred eighty-five
twenty dollars ($185) ($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) This section shall become inoperative on July 1,
2006, and, as of January 1, 2007, is repealed, unless a later enacted
statute that is enacted before January 1, 2007, deletes or extends
the dates on which it becomes inoperative and is repealed
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. 74. Section 26827 of the
Government Code , as added by Section 10 of Chapter 159 of
the Statutes of 2003, is repealed.
26827. (a) The total fee for filing the first petition for
letters of administration, a petition for special letters of
administration, a petition for letters testamentary, a first account
of a testamentary trustee of a 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, a petition for letters of guardianship, a petition for
letters of conservatorship, a petition for compromise of a minor's
claim, a petition pursuant to Section 13151 of the Probate Code, a
petition pursuant to Section 13650 of the Probate Code (except as
provided in Section 13652 of the Probate Code), or a petition to
contest any will or codicil is one hundred eighty-five dollars
($185).
(b) The fee set forth in subdivision (a) shall also be charged for
filing any subsequent petition of a type described in subdivision
(a) in the same proceeding by a person other than the original
petitioner.
(c) This section shall become operative July 1, 2006.
SEC. 75. Section 26827.1 of the
Government Code is repealed.
26827.1. In Los Angeles County, whenever the court directs that
an order or decree in a probate proceeding be prepared by the clerk,
the fee for preparing such order or decree shall be the amount
necessary to defray the costs of preparation, as determined by the
clerk of the court on an annual basis, but shall not exceed fifty
dollars ($50). The fee so paid shall be an expense of administration.
SEC. 76. Section 26827.4 of the
Government Code is repealed.
26827.4. (a) The fee for filing a subsequent paper in a
proceeding under the Probate Code which requires a court hearing is
twenty-three dollars ($23), except for papers for proceedings
required by any of the following:
(1) Section 10501 of the Probate Code.
(2) Accountings of trustees of testamentary trusts that are
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.
(3) Division 4 (commencing with Section 1400) of the Probate Code.
(b) Objections to any papers exempt from the fee imposed by this
section are subject to the filing fee of twenty-three dollars ($23).
This section does not apply to petitions filed pursuant to
subdivision (b) of Section 26827.
(c) Notwithstanding Section 68085, fourteen dollars ($14) of the
twenty-three dollar ($23) fee authorized in subdivisions (a) and (b)
shall be deposited in the county general fund for use as county
general fund revenue.
SEC. 77. Section 26827.5 of the
Government Code is amended and renumbered to read:
26827.5. 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
26827 or 26827.4 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. 78. Section 26827.6 of the
Government Code is amended and renumbered to read:
26827.6. 70660. (a) The fee for
receiving and storing a each document
transferred to the clerk of the superior court under Section 732 of
the Probate Code is ten twenty dollars
($10), unless the court determines that ten dollars ($10) is
less than the direct cost of making a photograph, microphotograph,
photocopy, or electronic image of the document, if any, and the
direct cost of indexing and long-term storage of the document or its
photograph, microphotograph, photocopy, or electronic image. Any
determination made by a court under this subdivision shall be valid
only if either (1) made under procedures adopted by the Judicial
Council or (2) approved by the Judicial Council ($20)
.
(b) If the court makes the determination provided in
subdivision (a), the court may set a fee for receiving and storing a
document that exceeds ten dollars ($10), but that fee shall not
exceed the direct costs specified in subdivision (a).
(c) 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. 79. Section 26827.7 of the
Government Code is amended and renumbered to read:
26827.7. 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 26854
70627 for searching records or files.
SEC. 80. Section 26828 of the
Government Code is repealed.
26828. The fee for 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 is seven dollars ($7).
SEC. 81. Section 26829 of the
Government Code is repealed.
26829. The fee for issuing an order of sale is twenty dollars
($20).
SEC. 82. Section 26830 of the
Government Code , as amended by Section 11 of
Chapter 159 of the Statutes of 2003, is repealed.
26830. (a) Except as provided in subdivisions (b), (c), and (d),
the fee for filing any notice of motion, or any other paper requiring
a hearing subsequent to the first paper, or any notice of intention
to move for a new trial of any civil action or special proceeding, or
an application for renewal of a judgment, is thirty-three dollars
($33).
However, there shall be no fee for filing any of the following:
(1) An amended notice of motion.
(2) A civil case management statement.
(3) A hearing on a petition for emancipation of a minor.
(4) Default hearings.
(5) A show-cause hearing on a petition for an injunction
prohibiting harassment.
(6) A show-cause hearing on an application for an order
prohibiting domestic violence.
(7) A show-cause hearing on writs of review, mandate, or
prohibition.
(8) A show-cause hearing on a petition for a change of name.
(9) A hearing to compromise a claim of a minor or an insane or
incompetent person.
(b) The fee for filing a motion for summary judgment or summary
adjudication of issues is one hundred fifty dollars ($150).
(c) The fee for the filing of any motion in small claims court
matters is fourteen dollars ($14), which shall be deposited in the
county general fund for use as county general fund revenue.
(d) If a continuance is granted, in addition to the notice of
motion fee required under subdivision (a), a fee of one hundred
dollars ($100) shall be collected for filing a motion or a
stipulation for continuance of a trial, or requesting
a continuance for trial
orally, which shall 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.
(e) Notwithstanding Section 68085, fourteen dollars ($14) of the
thirty-three dollar ($33) fee authorized in subdivision (a) and one
hundred dollars ($100) of the one hundred fifty dollar ($150) fee
established by subdivision (b) shall be deposited in the county
general fund for use as county general fund revenue. The balance of
the fees collected 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.
(f) Regardless of whether each motion or matter is heard at a
single hearing or at separate hearings, the filing fees required by
subdivisions (a), (b), (c), and (d) apply separately to each motion
or other paper filed.
(g) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 83. Section 26830 of the
Government Code , as added by Section 12 of Chapter 159 of
the Statutes of 2003, is repealed.
26830. (a) Except as provided in subdivisions (b) and (c), the
fee for filing any notice of motion, or any other paper requiring a
hearing subsequent to the first paper, or any notice of intention to
move for a new trial of any civil action or special proceeding, or an
application for renewal of a judgment, is thirty-three dollars
($33).
However, there shall be no fee for filing any of the following:
(1) An amended notice of motion.
(2) A civil case management statement.
(3) A hearing on a petition for emancipation of a minor.
(4) Default hearings.
(5) A show-cause hearing on a petition for an injunction
prohibiting harassment.
(6) A show-cause hearing on an application for an order
prohibiting domestic violence.
(7) A show-cause hearing on writs of review, mandate, or
prohibition.
(8) A show-cause hearing on a petition for a change of name.
(9) A hearing to compromise a claim of a minor or an insane or
incompetent person.
(b) The fee for filing a motion for summary judgment or summary
adjudication of issues is one hundred dollars ($100).
(c) The fee for the filing of any motion in small claims court
matters is fourteen dollars ($14), which shall be deposited in the
county general fund for use as county general fund revenue.
(d) Notwithstanding Section 68085, fourteen dollars ($14) of the
thirty-three dollar ($33) fee authorized in subdivision (a) and the
one hundred dollar ($100) fee established by subdivision (b) shall be
deposited in the county general fund for use as county general fund
revenue. The balance of the fees collected 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.
(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), (b), and (c) apply separately to each motion or
other paper filed.
(f) This section shall become operative July 1, 2006.
SEC. 84. 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. 85. Section 26832 of the
Government Code is repealed.
26832. (a) Notwithstanding the fee authorized by Section 26833, a
fee of three dollars ($3) shall be paid by a public agency applicant
for a certified copy of a marriage dissolution record that the
agency is required to obtain in the ordinary course of business. A
fee of six dollars ($6) shall be paid by any other applicant for a
certified copy of a marriage dissolution record. Three dollars ($3)
of any six-dollar ($6) fee shall be transmitted monthly by each
county clerk to the state for deposit into the General Fund as
provided by Section 1852 of the Family Code.
(b) As used in this section, "marriage dissolution record" means
the judgment.
SEC. 86. Section 26832.1 of the
Government Code is amended and renumbered to read:
26832.1. 70674. (a)
Notwithstanding Except as provided by Section 6103.9,
and notwithstanding the fee authorized by Section
26833.1 paragraph (4) of subdivision (a) of Section
70626 , a fee of five ten dollars
($5) ($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 ten
fifteen dollars ($10)
($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 ten fifteen
dollar ($10) ($15) fee shall be
transmitted monthly by each clerk of the court 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.
(c) Notwithstanding Section 68085, three dollars ($3) of the five
dollar ($5) fee and three dollars ($3) of the ten dollar ($10) fee
authorized in subdivision (a) shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 87. Section 26833.1 of the
Government Code is repealed.
26833.1. The fee for certifying a copy of any paper, record, or
proceeding on file in the office of the clerk of any court is six
dollars ($6). For every certificate the fee for which is not
otherwise fixed, the fee is six dollars ($6). Notwithstanding
Section 68085, one dollar and seventy-five cents ($1.75) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 88. Section 26833.5 of the
Government Code is amended and renumbered to read:
26833.5. 70676. No fee shall be
charged to an indigent plaintiff 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. 89. Section 26834 of the
Government Code is repealed.
26834. The fee for issuing an abstract of judgment is seven
dollars ($7).
SEC. 90. Section 26835.1 of the
Government Code is amended and renumbered to read:
26835.1. 70629. (a) The clerk of
the court shall collect a fee of six fifteen
dollars ($6) ($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,
in and for the County of ____, State of
California. Signed pursuant to court order dated ____ in the matter
of ____ petitioner v. ____, respondent, Case No. ____."
(c) Notwithstanding Section 68085, two dollars ($2) of the fee
authorized by subdivision (a) shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 91. Section 26836.1 of the
Government Code is repealed.
26836.1. For every certificate the fee for which is not otherwise
fixed, the fee is six dollars ($6). Notwithstanding Section 68085,
one dollar and seventy-five cents ($1.75) of the fee authorized in
this section shall be deposited in the county general fund for use as
county general fund revenue.
SEC. 92. 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 his the certificate.
SEC. 93. Section 26837.1 of the
Government Code is repealed.
26837.1. 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. Notwithstanding Section 68085, fifty cents ($0.50) of
the fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 94. Section 26838 of the
Government Code is amended and renumbered to read:
26838. 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-three
twenty dollars ($23) ($20) .
Notwithstanding Section 68085, fourteen dollars ($14) of the
fee authorized in this section shall be deposited in the county
general fund for use as county general fund revenue.
SEC. 95. Section 26840.3 of the
Government Code is amended to read:
26840.3. (a) The superior court in any county may, for
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, upon action of the board of supervisors
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 funds shall be paid to the county treasury and an
amount equal thereto shall 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. 96. Section 26840.4 of the
Government Code is repealed.
26840.4. As an alternative to the procedure in paragraph (1) of
subdivision (a) of Section 26840.3, the Board of Supervisors of Napa
or Shasta County may impose a fee for the filing of a petition for
dissolution of a marriage, a petition for legal separation, or a
petition for nullity of a marriage, which, when added to the
additional fees, if any, collected pursuant to paragraphs (2) and (3)
of subdivision (a) of Section 26840.3, is sufficient to cover the
costs of operation of the conciliation court. However, no fee adopted
pursuant to this subdivision shall exceed the fee charged on January
1, 1978, by more than sixty dollars ($60).
The funds shall be paid to the county treasury and shall be used
exclusively to pay the costs of maintaining the conciliation court.
SEC. 97. Section 26841 of the
Government Code is repealed.
26841. The superior court in any county may increase the fee for
the filing of any paper in response to an order or an application for
a protective order, as defined in Section 6218 of the Family Code,
by five dollars ($5), upon the adoption of a resolution to that
effect by the board of supervisors. The five dollars ($5) shall be
disposed of pursuant to the provisions of Chapter 5 (commencing with
Section 18290) of Part 6 of Division 9 of the Welfare and
Institutions Code.
SEC. 98. Section 26850.1 of the
Government Code is repealed.
26850.1. For 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,
the fee is six dollars ($6). Notwithstanding Section 68085, two
dollars and twenty-five cents ($2.25) of the fee authorized in this
section shall be deposited in the county general fund for use as
county general fund revenue.
SEC. 99. Section 26851.1 of the
Government Code is repealed.
26851.1. For either recording or registering any license or
certificate or issuing any certificate, or both, in connection with a
license, required by law for which a charge is not otherwise
prescribed, the fee is six dollars ($6). Notwithstanding Section
68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 100. Section 26852.1 of the
Government Code is repealed.
26852.1. The fee for each certificate to the official capacity of
any public official is six dollars ($6). Notwithstanding Section
68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 101. Section 26853.1 of the
Government Code is repealed.
26853.1. The fee for taking an affidavit, except in criminal
cases or adoption proceedings, is six dollars ($6). Notwithstanding
Section 68085, two dollars and twenty-five cents ($2.25) of the fee
authorized in this section shall be deposited in the county general
fund for use as county general fund revenue.
SEC. 102. Section 26855.4 of the
Government Code is repealed.
26855.4. The fee for taking acknowledgment of any deed or other
instrument, including the certificate, is six dollars ($6) for each
signature. Notwithstanding Section 68085, two dollars and twenty-five
cents ($2.25) of the fee authorized in this section shall be
deposited in the county general fund for use as county general fund
revenue.
SEC. 103. Section 26856 of the
Government Code is repealed.
26856. The fees fixed by this article are in full for all
services rendered by the clerk of the court in any civil action or
special proceeding.
SEC. 103.5. Section 26857 of the
Government Code is amended to read:
26857. No fee shall be charged by the clerk for service
rendered to a defendant in any criminal action or, 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. 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. 104. Section 26857.5 of the
Government Code is amended and renumbered to read:
26857.5. 70673. Notwithstanding
any other provision of law, no fee shall be charged to file a
respondent's or defendant's appearance,
stipulation if any, and waiver of rights in the action under the
Soldiers' and Sailors' Civil Relief Act of 1940
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 paternity parentage , in any
case wherein the respondent or defendant 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
paternity parentage .
SEC. 105. Section 26859 of the
Government Code is repealed.
26859. At the time of filing of each initial petition for
dissolution of marriage, legal separation, or nullity, the petitioner
shall pay a fee of two dollars ($2) to the clerk of the court for
the costs of complying with Chapter 10 (commencing with Section
103200) of Part 1 of Division 102 of the Health and Safety Code.
The clerk of the court shall pay one-half of all those fees to the
State Registrar of Vital Statistics each month. The State Registrar
shall transmit those sums to the Treasurer for deposit in the
General Fund.
SEC. 106. Section 26862 of the
Government Code is amended and renumbered to read:
26862. 70678. In any
county in which there is a family conciliation court, or in which
counties have by contract established joint family conciliation court
services addition to the fee set forth in Section
70677 , a fee of twenty twenty-five
dollars ($20) ($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. Notwithstanding
Section 68085, fifteen Fifteen dollars ($15) of
the fee authorized in this section shall be deposited in the
county treasury and shall be used exclusively to pay the
costs of maintaining the family conciliation court
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. 107. Section 26863 of the
Government Code is repealed.
26863. (a) The board of supervisors of any county may provide for
an additional fee of one dollar ($1) for filings in a civil action
or proceeding, as specified in Section 68090.7, to defray the cost of
automating the trial court recordkeeping system and conversion of
the trial court document storage system to micrographics.
(b) The board of supervisors may increase this additional fee to
not more than three dollars ($3) if it expends an additional,
matching amount from the county general fund, equal to the revenue
derived from the increase, exclusively to pay the costs of automating
the trial court recordkeeping system or converting the trial court's
document system to micrographics, or both.
(c) Upon completion of the automation and conversion, and payment
of the costs therefor, the additional fee shall no longer be imposed.
SEC. 108. 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 judge of a court
of record county clerk , and upon verification
that the translation is a true translation the judge
clerk shall duly make certification of the fact
under seal of the court county , attach
the certification to the translation, and attach the certified
translation to the original instrument. For such
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 which 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. 109. 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
Section 26820.4, 26823, 26824, 26826, 26827, 26827.4, 26830,
72054, 72055, 72056, 72059, 72060, or 72061 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, and 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. 110. Section 68084 of the
Government Code is amended to read:
68084. When
(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
treasurer 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.
When
(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. In any city
governed by a charter, such withdrawals shall be made pursuant to the
charter.
Notwithstanding any other provision of law, any municipal court,
or marshal of that court, may elect, with prior approval of the
county auditor, to deposit in a bank account or deposit in a savings
and loan association pursuant to Section 53679 all moneys deposited
with that court, or with the clerk thereof, or received by a marshal.
All moneys received and disbursed through that account or on deposit
shall be properly accounted for under those procedures the
Controller may deem necessary, and shall be subject to periodic
settlement with the county auditor as required by law.
(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. 111. 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. 112. 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.
(3) Any amounts transmitted by a county to the Controller for
deposit into the Trial Court Trust Fund from fees collected pursuant
to Section 27361 between January 1, 1998, and the effective date of
this paragraph shall be credited against the total amount the county
is required to pay to the state pursuant to paragraph (2) of
subdivision (b) of Section 77201 for the 1997-98 fiscal year.
(d) This section does not apply to that portion of a filing fee
collected pursuant to Section 26820.4, 26826, 26827, 72055, or 72056
which 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) Before making any apportionments under this section,
the Controller shall deduct, from the annual appropriation for that
purpose, 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 semiannually
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. 113. 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. 114. 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. 115. 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. 116. 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. 117. Section 68086 of the
Government Code is am ended 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) In addition to the fees authorized by Sections 26820.4, 26826,
72055, and 72056, a one-time fee of twenty-five dollars ($25) for
the cost of the services of an official court reporter shall be
charged upon the filing of a first paper in a civil action or
proceeding in the superior court, unless the amount demanded,
excluding attorney's fees and costs, is ten thousand dollars
($10,000) or less. No additional fee shall be charged to a party for
the cost of the services of an official court reporter in proceedings
lasting one hour or less.
(5)
(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.
(6)
(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 (5) (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. 118. 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. 119. Section 68087 of the
Government Code is repealed.
68087. (a) A state surcharge of 10 percent shall be levied on any
fee specified in paragraph (1) of subdivision (c) of Section 68085,
except those fees established pursuant to Section 631.3 of the Code
of Civil Procedure, and Section 68086. This surcharge shall be in
addition to any other court-related fee.
(b) The clerk of the court shall cause the amount collected to be
transmitted to the Trial Court Trust Fund.
(c) It is the intent of the Legislature that nothing in this
section shall change the existing distribution or amounts of the fees
specified in paragraph (1) of subdivision (c) of Section 68085
provided to local jurisdictions and the state.
(d) This section shall become inoperative on July 1, 2007, and as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
that date.
SEC. 120. Section 68087.1 of the
Government Code is repealed.
68087.1. The total amount collected pursuant to paragraph (1) of
subdivision (c) of Section 68085 and the state surcharge imposed by
Section 68087 may be rounded up to the nearest whole dollar. The
clerk of the court shall cause the amount collected pursuant to this
section to be transmitted to the Trial Court Trust Fund.
SEC. 121. Section 68090.7 of the
Government Code is repealed.
68090.7. In any county that has established a fee pursuant to
Sections 26863 and 72054, the fee shall only apply to the following
filings in each civil action or proceeding:
(a) The first paper and papers transmitted from another court, as
specified in Sections 26820.4 and 72055.
(b) The first paper on behalf of an adverse party, as specified in
Sections 26826 and 72056.
(c) A petition or other paper in a probate, guardianship, or
conservatorship matter as specified by Section 26827.
The fee shall not apply to adoptions, appeals to the appellate
division of the superior court, or motions.
Except as otherwise specified by law, all fees collected under
this section shall be deposited into the trial court operations fund
of the county established pursuant to Section 77009, and an amount
equal thereto shall be used exclusively to pay the costs of
automating the court clerk and trial court recordkeeping system or
converting the trial court document system to micrographics, or both.
SEC. 122. 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
automating trial court recordkeeping systems 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. 123. 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.
Any
(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. 124. 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 county
board of supervisors 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. 125. 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. 126. Section 69926.5 of the
Government Code is repealed.
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 June 30, 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 fiscal year.
This subdivision shall
become inoperative on July 1, 2005, or upon the enactment of a
uniform filing fee, whichever is earlier.
(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.
SEC. 127. 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. 128. Section 70373 of the
Government Code is repealed.
70373. (a) To provide additional funds for maintaining and
expanding the uniform accessibility of the courts and judicial
process throughout the state, the following surcharges are added to
the total fee for filing the first paper by a party in the following
actions:
(1) A surcharge in all unlimited civil, family law, and probate
actions, as follows:
(A) Ten dollars ($10) from January 1, 2003, through December 31,
2003.
(B) Fifteen dollars ($15) from January 1, 2004, through December
31, 2007.
(2) A surcharge of twenty-five dollars ($25) in all limited civil
actions.
(b) The clerk of the court shall collect the surcharge and
transmit it to the county treasury. The county treasurer shall
transmit the funds monthly to the State Controller, to be deposited
in the State Court Facilities Construction Fund. Notwithstanding any
other provision of law, the full amount of the surcharge collected
shall be deposited as provided in this section.
SEC. 129. Section 70373.5 of the
Government Code is r epealed.
70373.5. (a) Notwithstanding paragraph (2) of subdivision (a) of
Section 70373, a surcharge of eighteen dollars ($18) shall be added
to the first appearance fee in all limited civil actions in lieu of
the twenty-five-dollar ($25) fee provided by that section.
(b) The surcharge provided for in this section and Section 70373
are not subject to the percentage surcharge authorized by Section
68087.
(c) This section shall become inoperative on July 1, 2007, and as
of January 1, 2008, is repealed, unless a later enacted statute, that
becomes operative on or before January 1, 2008, deletes or extends
that date.
SEC. 130. 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 amount authorized by Section 70373 shall be
reduced by the following in the following counties:
(1) In the County of Riverside, the amount collected pursuant to
Section 26826.1 of the Government Code for transmission to the state
for inclusion in the Transitional State Court Facilities Construction
Fund established pursuant to Section 70401.
(2) In the County of San Bernardino, the amount collected pursuant
to Section 76236 of the Government Code for transmission to the
state for inclusion in the Transitional State Court Facilities
Construction Fund established pursuant to Section 70401.
(3) In the City and County of San Francisco, the amount collected
pursuant to Section 76238 of the Government Code for transmission to
the state for inclusion in the Transitional State Court Facilities
Construction Fund established pursuant to Section 70401.
(d) 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 26826.1 70622 .
(3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 76236 70624
.
(4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 76238 70625
.
(e)
(d) For purposes of subdivision (d)
(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. 131. 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 26826.1 70622 in the County of
Riverside, a fund established by Section 76236
70624 in the County of San Bernardino, and a fund
established by Section 76238 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. 132. 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. 133. 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 MUNICIPAL
TRIAL Courts
SEC. 134. Section 71386 of the
Government Code is amended to read:
71386. (a) Each superior and municipal 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. Such
The policy shall permit clerks to accept checks
and money orders under conditions which 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 which that is not
declared to be a felony, provided such 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
when, but not before, the check is duly paid .
(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 by
the court may be imposed to recover the court's
processing and collection costs. This charge may be added
to, and become part of, any underlying obligation other than an
obligation which that constitutes a
lien on real property, or a different method of payment for that
payment and future payments by such that
person may be prescribed. The If the
costs are incurred by the county, the charges imposed
by a court 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. 135. The heading of Chapter 8 (commencing
with Section 72004) of Title 8 of the Government Code
is amended to read:
CHAPTER 8. MUNICIPAL AND Superior Courts
SEC. 136. Section 72054 of the
Government Code is repealed.
72054. Except as otherwise provided by law, the clerk of the
court shall charge the fees prescribed by this article, and the fees
prescribed by Sections 26823, 26828, 26829, 26830, 26831, 26832.1,
26833.1, 26834, 26836.1, 26837.1, 26839, 26850.1, 26851.1, 26852.1,
26853.1, 26854, 26855.4, and 26863 for all services to be performed.
SEC. 137. 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:
72055. 70613. (a) The
total uniform fee for filing of
the first paper in a limited civil case shall be
one hundred eighty-five dollars ($185), except that in
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 shall
be eighty-three dollars ($83) 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).
(b)
(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.
(c) The term "total fee" as used in this section and Section 72056
includes any amount allocated to the Judges' Retirement Fund
pursuant to Section 72056.1, any automation fee imposed pursuant to
Section 68090.7, any construction fee imposed pursuant to Section
76238, and the law library fee established pursuant to Article 2
(commencing with Section 6320) of Chapter 5 of Division 3 of the
Business and Professions Code. The term "total fee" as used in this
section and Section 72056 also includes any dispute resolution fee
imposed pursuant to Section 470.3 of the Business and Professions
Code, but the Judicial Council may authorize any trial court to
exclude any portion of this dispute resolution fee from the term
"total fee."
(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 county court .
(e) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 138. Section 72055 of the
Government Code , as added by Section 22 of Chapter 159 of
the Statutes of 2003, is repealed.
72055. (a) The total fee for filing of the first paper in a
limited civil case shall be ninety dollars ($90), except that in a
case where the amount demanded, excluding attorney's fees and costs,
is ten thousand dollars ($10,000) or less, the fee shall be
eighty-three dollars ($83). The first page of the first paper shall
state whether the amount demanded exceeds or does not exceed ten
thousand dollars ($10,000).
(b) 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.
(c) The term "total fee" as used in this section and Section 72056
includes any amount allocated to the Judges' Retirement Fund
pursuant to Section 72056.1, any automation fee imposed pursuant to
Section 68090.7, any construction fee imposed pursuant to Section
76238, and the law library fee established pursuant to Article 2
(commencing with Section 6320) of Chapter 5 of Division 3 of the
Business and Professions Code. The term "total fee" as used in this
section and Section 72056 also includes any dispute resolution fee
imposed pursuant to Section 470.3 of the Business and Professions
Code, but the Judicial Council may authorize any trial court to
exclude any portion of this dispute resolution fee from the term
"total fee."
(d) 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 county.
(e) This section shall become operative July 1, 2006.
SEC. 139. 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:
72056. 70614. (a) The
total uniform fee for filing of
the first paper in a limited civil case on behalf of any
party other than a plaintiff shall be one hundred
eighty-five dollars ($185), except that in 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 shall
be eighty dollars ($80) for filing the first paper is
one hundred eighty dollars ($180) .
(b) This section shall become inoperative on July 1, 2006, and, as
of January 1, 2007, is repealed, unless a later enacted statute that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
(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. 140. Section 72056 of the
Government Code , as added by Section 24 of Chapter 159 of
the Statutes of 2003, is repealed.
72056. (a) The total fee for filing of the first paper in a
limited civil case on behalf of any party other than a plaintiff
shall be eighty dollars ($80).
(b) This section shall become operative July 1, 2006.
SEC. 141. Section 72056.01 of the
Government Code is repealed.
72056.01. (a) The fee for filing an amended complaint or
amendment to a complaint in a limited civil case is forty-five
dollars ($45).
(b) The fee for filing a cross-complaint, amended cross-complaint
or amendment to a cross-complaint in a limited civil case is
forty-five dollars ($45).
(c) A party shall not be required to pay the fee provided by this
section for an amended complaint, amendment to a complaint, amended
cross-complaint or amendment to a cross-complaint more than one time
in any action.
(d) The fee provided by this section shall not apply to either of
the following:
(1) An amended pleading or amendment to a pleading ordered by the
court to be filed.
(2) An amended pleading or amendment to a pleading that only names
previously fictitiously named defendants.
SEC. 142. Section 72056.1 of the
Government Code is repealed.
72056.1. A fee of two dollars ($2) for the Judges' Retirement
Fund shall be included within the total fees collected pursuant to
Sections 72055 and 72056 in each limited civil case.
The funds shall be transmitted at the end of each month to the
Controller for payment into the Judges' Retirement Fund.
SEC. 143. Section 72059 of the
Government Code is repealed.
72059. The fee for receiving and filing an abstract of judgment
rendered by a judge of another court and for subsequent services
based on it is twenty dollars ($20).
SEC. 144.
Section 72060 of the Government Code
is repealed.
72060. The fee for a certificate and transmitting transcript and
papers on appeal in a limited civil case is ten dollars ($10).
Notwithstanding Section 68085, six dollars ($6) of the fee authorized
in this section shall be deposited in the county general fund for
use as county general fund revenue.
SEC. 145. Section 72061 of the
Government Code is repealed.
72061. The fee for issuing a transcript of the register of
actions is one dollar and fifty cents ($1.50).
SEC. 146. Section 72073 of the
Government Code is repealed.
72073. No fees shall be charged by the clerk for services
rendered in any criminal action except for making or certifying to a
copy of any filed paper, record, or proceeding when not otherwise
specified by law. No charge shall be made for any service to the
United States of America or any of its officers acting in his
official capacity.
SEC. 147. Section 76236 of the
Government Code is amended and renumbered to read:
76236. 70624. (a)
In addition to the total uniform
filing fee authorized pursuant to Section 26820.4, 26826,
or 26827 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 (a) (1)
a complaint, petition, or other first paper in a civil ,
family, or probate action or special proceeding, and
(b) (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 680
85.3 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. 148. Section 76238 of the
Government Code is amended and renumbered to read:
76238. 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
any the filing fee
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),
and shall be collected in a manner 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. 149. Section 77009 of the
Government Code is amended to read:
77009. (a) For the purposes of funding trial court
operations, each 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 establish
maintain in the county treasury a Trial Court
Operations Fund, which will operate as an agency fund. All
funds moneys appropriated in the Budget Act and
allocated and reallocated to each the
superior court in the county by the Judicial Council shall be
deposited into the fund. Accounts shall be established in
the Trial Court Operations Fund for each trial court in the county,
except that one account may be established for courts which have a
unified budget. In a county where court budgets include
appropriations for expenditures administered on a countywide basis,
including, but not limited to, court security, centralized data
processing and planning and research services, an account for each
centralized service shall be established and funded from those
appropriations.
(b) The moneys of the Trial Court Operations Fund arising from
deposits of funds appropriated
(2) Moneys deposited into the fund that
are appropriated for the Trial Court Operations Fund in the
Budget Act and allocated or reallocated to each court in the
county 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
each court in a county 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.
(c)
(3) All funds moneys
received by a trial superior court from
any source for court operating and program purposes shall
be deposited in the trial court operations fund,
except as provided in this section
subdivision . Funds 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 funds 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
funds moneys received by the courts for
operating and program purposes. This subdivision shall not apply to
either of the following:
(1) Funds
(A) Moneys received by the courts
pursuant to Section 68084, if those funds are not for court
operating or program use purposes
.
(2)
(B) Payments from a party or a defendant received by
a trial court or 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 .
(d)
(4) Interest received by a county that is attributable
to investment of money , which interest is required by
this section subdivision to be
deposited in its Trial Court Operations Fund
the superior court's fund, shall be deposited in the fund and
shall be used for trial court operations purposes.
(e)
(5) In no event shall interest be charged to the
Trial Court Operations Fund superior court'
s fund , except as provided in Section 77009.1.
(f)
(6) Reasonable administrative expenses incurred by the
county associated with the operation of this fund shall be charged to
each the superior court on a
pro rata basis in proportion to the total amount allocated to each
court in this fund .
(g)
(7) A county, or city and county, may bill
trial courts 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.
(h)
(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 and ,
reviews , and investigations of this fund wherever
the records may be located.
(i) 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.
(j) Notwithstanding any other provision of law, including, but not
limited to, this section, the Judicial Council may establish trial
court operations funds separate from the county treasury. The
operations funds may supersede those provided for under this section
and may require the courts to include any or all money under the
control of the court in the funds.
(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. 150. 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 courts of
court in a county be less than the amount remitted to the
state by the county in which those courts are
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 15 5 days
before the due date of any allocation.
SEC. 151. 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 , by court rule,
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. 152. 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. 153. 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 reserve funds for the
following projects by allocating 1 percent of the annual
appropriation for the trial courts to the Trial Court Improvement
Fund as follows:
(1) At
set aside at least one-half of 1 percent of the total
appropriation for trial court operations shall be set aside
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.
(2) Up to one-quarter of 1 percent of the total appropriation for
trial court operations may be allocated from the fund to courts which
have fully unified to the extent permitted by law and which meet
additional criteria as may be established by the Judicial Council.
(3) Up to one-quarter of 1 percent of the total appropriation for
trial court operations may be allocated from the fund for statewide
projects or programs for the benefit of the trial courts.
(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 recordkeeping 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 individual courts of the counties
for deposit in the Trial Court Operations Fund of the county from
which the money was collected in an amount not less than the revenues
collected in the local 2 percent automation funds in fiscal year
1994-95 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. 154. 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 Sections Section 26832
, or 26840 , and 26859
of the Government Code, or Sections
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, 103730, and
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. 155. Section 103470 of the Health and Safety Code is
amended to read:
103470. The fee for filing the petition shall be six
dollars ($6), plus the law library fee of the county. In counties
having more than one superior court judge, the 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 thereof hearing
probate matters, or if a probate department has been designated for
hearing probate matters, the clerk shall assign the
matter shall be assigned to the probate
department for hearing.
SEC. 156. Section 103730 of the Health
and Safety Code is amended to read:
103730. A fee of eleven dollars ($11)
twenty dollars ($20) for each individual being adopted shall be
paid to the county 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
, and that . The fee shall
be paid monthly by the county clerk to the State Registrar
of Vital Statistics 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 that the office of
the State Registrar of Vital Statistics .
SEC. 157. 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. 17.
SEC. 158. Section 123.6 of the Labor Code is amended to
read:
123.6. (a) All workers' compensation administrative law judges
employed by the administrative director and supervised by the court
administrator shall subscribe to the Code of Judicial Ethics adopted
by the Supreme Court pursuant to subdivision (m) of Section 18 of
Article VI of the California Constitution for the conduct of judges
and shall not otherwise, directly or indirectly, engage in conduct
contrary to that code or to the commentary to the Code of Judicial
Ethics.
In consultation with both the court administrator and the
Commission on Judicial Performance, the administrative director shall
adopt regulations to enforce this section. Existing regulations
shall remain in effect until new regulations based on the
recommendations of the court administrator and the Commission on
Judicial Performance have become effective. To the extent possible,
the rules shall be consistent with the procedures established by the
Commission on Judicial Performance for regulating the activities of
state judges, and, to the extent possible, with the gift, honoraria,
and travel restrictions on legislators contained in the Political
Reform Act of 1974 (Title 9 (commencing with Section 81000) of the
Government Code). The court administrator shall have the authority to
enforce the rules adopted by the administrative director.
(b) Honoraria or travel allowed by the court administrator, and
not otherwise prohibited by this section in connection with any
public or private conference, convention, meeting, social event, or
like gathering, the cost of which is significantly paid for by
attorneys who practice before the board, may not be accepted unless
the court administrator has provided prior approval in writing to the
workers' compensation administrative law judge allowing him or her
to accept those payments.
SEC. 159. Section 1835 of the Probate
Code is amended to read:
1835. (a) Every county, either through the appropriate
court or the office of the public conservator,
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 , public guardian, public
officer, or public agency, 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 , public guardian, public officer, or
public agency, 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
counties courts . The Judicial Council
shall periodically update the information package when changes in the
law warrant revision. The revisions shall be provided to individual
counties courts .
(f) To cover the costs of providing the written information
required by this section, a county court
may charge each private conservator a fee , not to
exceed of twenty dollars ($20) which shall
be distributed to the court in which it was collected .
SEC. 160. 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 which 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. 161. 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
shall be set by the court 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. 162. 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
thirty-five dollars ($35) as provided in
subdivision (b) of Section 70626 of the Government Code .
SEC. 163. 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 , municipal, 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 , not to exceed fifty dollars ($50),
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. 18.
SEC. 164. Section 16020 of the Vehicle Code is amended to
read:
16020. (a) Every driver and every owner of a motor vehicle shall
at all times be able to establish financial responsibility pursuant
to Section 16021, and shall at all times carry in the vehicle
evidence of the form of financial responsibility in effect for the
vehicle.
(b) "Evidence of financial responsibility" means any of the
following:
(1) A form issued by an insurance company or charitable risk pool,
as specified by the department pursuant to Section 4000.37.
(2) If the owner is a self-insurer, as provided in Section 16052
or a depositor, as provided in Section 16054.2, the certificate of
self-insurance or the assignment of deposit letter issued by the
department.
(3) An insurance covering note or binder pursuant to Section 382
or 382.5 of the Insurance Code.
(4) A showing that the vehicle is owned or leased by, or under the
direction of, the United States or any public entity, as defined in
Section 811.2 of the Government Code.
(c) For purposes of this section, "evidence of financial
responsibility" also may be obtained by a law enforcement officer and
court personal personnel from an
electronic reporting system when that system becomes available for
use by law enforcement officers.
(d) For purposes of this section, "evidence of financial
responsibility" also includes any of the following:
(1) The name of the insurance company and the number of an
insurance policy or surety bond that was in effect at the time of the
accident or at the time that evidence of financial responsibility is
required to be provided pursuant to Section 16028, if that
information is contained in the vehicle registration records of the
department.
(2) The identifying motor carrier of property permit number issued
by the Department of the California Highway Patrol to the motor
carrier of property as defined in Section 34601, and displayed on the
motor vehicle in the manner specified by the Department of the
California Highway Patrol.
(3) The identifying number issued to the household goods carrier,
passenger stage carrier, or transportation charter party carrier by
the Public Utilities Commission and displayed on the motor vehicle in
the manner specified by the commission.
(4) The identifying number issued by the Interstate Commerce
Commission or its successor federal agency, if proof of financial
responsibility must be presented to the issuing agency as part of the
identification number issuance process, and displayed on the motor
vehicle in the manner specified by the issuing agency.
(e) Evidence of financial responsibility does not include any of
the identification numbers in paragraph (1), (2), (3), or (4) of
subdivision (d) if the carrier is currently suspended by the issuing
agency for lack or lapse of insurance or other form of financial
responsibility.
SEC. 19.
SEC. 165. Section 16058.1 of the Vehicle Code is amended to
read:
16058.1. The department shall develop a method by which law
enforcement officers and court personnel, on and after July 1, 2006,
may electronically verify that an insurance policy or bond for a
motor vehicle has been issued.
SEC. 166. 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 municipal court, or by the
superior court in a county in which there is no municipal
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. 167.
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. 20. SEC. 168. The provisions
of this act shall apply prospectively only.
SEC. 169.
Section 20 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 19 of this bill shall not be operative.
SEC. 170.
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. 21. Sections 1 to 15, inclusive, and Sections 17 to 19,
inclusive, of this act shall become operative on January 1, 2006.
SEC. 22. 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 avoid a loss of fourteen million dollars ($14,000,000)
annually to the Trial Court Trust Fund which would otherwise result
from the failure to extend the operative date of provisions imposing
the court security fee, it is necessary that this act take effect
immediately.