State Budget and Filing Fee Increases

2010 Kimball, Tirey and St. John LLP

August 25, 2003

Re: Legal Alert regarding State Budget and Filing Fee Increases

Dear Valued Client:

As you know, Governor Davis recently signed the Budget Act of 2003 and a companion bill, AB 1759. The good news is that the trial courts were spared the draconian budget cuts which had been proposed earlier this spring. The bad news is that in order to hold the budget cuts for the courts to roughly $100 million, a variety of filing fee increases were included in the budget package.

With respect to the date of the changes, AB 1759 provides that the increases will be effective 15 days following the effective date of the bill. It is possible that individual counties, as in the past, will not be geared up to implement the changes this quickly; however we wanted you to be aware that the fee increases are imminent.

The specific increases are as follows:

 New unlawful detainer filing fees will be $139.00 to $281.50 depending on amount in controversy. Various local and statewide surcharges and fees also affect the total amount due.
 The new fee of $110.00 for the granting of continuances, whether contested or by stipulation, will be imposed;
 The small claims filing fee, for those "large filers" filing more than 12 claims in 12 months, will increase from $35.00 to $66.00. Under the terms of the bill, the increase is effective until July 1, 2006;
 The general motion fee, for motions other than summary judgment or summary adjudication, will increase from $23.00 to 36.30, also until July 1, 2006;
 The summary judgment motion fee will increase from $100.00 to $165.00.

A chart including statewide charges and fees is posted on the California courts website: www.courtinfo.ca.gov/reference/documents/attacha/pdf.

Unfortunately, the costs of litigation continue to rise in California and therefore we recommend that you take advantage of our preventive law counseling whenever possible, to avoid potential litigation and/or reduce your losses when litigation is commenced.

Please let us know if you have any questions.

Kimball, Tirey & St. John LLP is a law firm that specializes in landlord/tenant, collections, fair housing and business and real estate, with offices throughout California. Property owner's and manager's with questions regarding the contents of this article, please call 800.338.6039.