Legal Question in Civil Rights Law in California

What type of from is a "complaint for conspiracy?"

Statewide Civil Fee Schedule1 Effective January 1, 2014

Code Total Section(s) Fee Due

INITIAL FILING FEES IN CIVIL CASES

Unlimited Civil Cases

1

Complaint or other first paper in unlimited civil case (amount over $25,000), including:

GC 70611, 70602.5, 70602.6

$ 435*

2

Complaint or other first paper in unlawful detainer case over $25,000

3

Petition for a writ of review, mandate, or prohibition (other than a writ petition to the appellate division)

4

Petition for a decree of change of name or gender

5

Answer or other first paper filed by each party other than plaintiff (amount over $25,000) (including unlawful detainer)

GC 70612, 70602.5, 70602.6

$ 435*

6

Claim opposing forfeiture of seized property, if value of property is $5,000 or less2

H&S 11488.5(a)(3)

No fee

Limited Civil Cases

7

Complaint or other first paper (amount over $10,000 up to $25,000)

GC 70613(a), 70602.5

$ 370*

8

Complaint or other first paper in unlawful detainer (amount over $10,000 up to $25,000)

GC 70613(a), 70602.5,

CCP 1161.2

$ 385*

9

Answer or other first paper filed by each party other than plaintiff (amount over $10,000 up to $25,000) (including unlawful detainer)

GC 70614(a), 70602.5

$ 370*

10

Complaint or other first paper (amount up to $10,000)

GC 70613(b), 70602.5

$ 225*

11

Complaint or other first paper in unlawful detainer (amount up to $10,000)

GC 70613(b), 70602.5,

CCP 1161.2

$ 240*

12

Answer or other first paper filed by each party other than plaintiff (amounts up to $10,000) (including unlawful detainer)

GC 70614(b), 70602.5

$ 225*

13

Amendment of complaint or of other first paper increasing amount at issue from $10,000 or less to more than $10,000 (but not exceeding $25,000)

GC 70613.5(a)

$ 145*

1 Fees pursuant to the Uniform Civil Fees and Standard Fee Schedule Act of 2005 (Stats. 2005, ch. 75 (AB 145)), AB 1248 (Stats. 2007, ch. 738), SB 1407 (Stats. 2008, ch. 311), 2009 Budget Act (Stats. 2009, ch. 22, SBX4 13), SB 857 (Stats. 2010, ch. 720), SB 1021 (Stats. 2012, ch. 41), AB 2612 (Stats. 2012, ch. 377), SB 75 (Stats. 2013, ch. 31), AB 1293 (Stats. 2013, ch. 382) and other legislation.

2 If the value of the property is more than $5,000, the filing fee is the fee in GC 70611, 70602.5, 70602.6.

* Fees marked with an asterisk will vary in the counties of Riverside, San Bernardino, and San Francisco because of a local surcharge for courthouse construction. The fees in those counties are shown in the appendix.

Page 1

Limited Civil Cases

Cross-complaint or amendment of cross-complaint increasing amount at issue from $10,000 or less to more than $10,000 (but not exceeding $25,000)

GC 70613.5(b)

$ 145*

Amended complaint, cross-complaint, or amended cross- complaint that reclassifies case from limited civil to unlimited civil (CCP 403.060)

GC 70619

$ 140

Complaint or other first paper within small claims jurisdictional limit filed by assignee of record (with declaration)

B&P 6322.1(c)(1), GC 70613(b), CCP 116.420

$ 181*

Answer or other first paper filed by each party other than plaintiff (case filed by assignee within small claims jurisdictional limit, with declaration)

B&P 6322.1(c)(1), GC 70614(b), CCP 116.420

$ 181*

Amendment of complaint or of other first paper filed by assignee of record increasing amount at issue from within small claims limit to more than $10,000 (but not exceeding $25,000)

GC 70613.5(a)

$ 189*

Cross-complaint or amendment of cross-complaint in case filed by assignee with declaration, increasing amount at issue from within small claims limit to more than $10,000 (but not exceeding $25,000)

GC 70613.5(b)

$ 189*

Other Initial Filing Fees (both Limited and Unlimited Civil Cases)

Additional fee for case designated as complex (one fee for all plaintiffs)

GC 70616(a)

$ 1,000

Additional fee for case designated as complex (for each defendant, up to $18,000 total for case)

GC 70616(b)

$ 1,000

Complaint, response, or other first paper filed on behalf of public entity (but fee is recoverable with judgment under GC 6103.5)

GC 6103

No fee

Amended complaint or amended cross-complaint (other than one that changes amount at issue to reclassify case or require fee difference paid in limited civil case under GC 70613.5)

CCP 472

No fee

Action to compel registration of voters

Elec. 2142

No fee

Request for order to require counting of provisional ballots

Elec. 14310

No fee

Petition for forfeiture where claim has been filed with district attorney for impounded vehicle

VC 14607.6(e)(4)

$ 100

Abstract of judgment rendered from another court (unless filed with an application for order of sale of a dwelling under CCP 704.750 or with an application for order of examination under CCP 708.160)

GC 70626(b)(2)

$ 30

Issuing commission to take deposition out of state under CCP 2026.010

GC 70626(b)(5)

$ 30

Filing and entering award under Workers� Compensation Act

GC 70626(b)(6)

$ 30

Discovery in Out-of-State Case

Page 2

Discovery in Out-of-State Case

Application for subpoena for discovery in out-of-state case (CCP 2029.300)

First petition by party for relief in discovery dispute related to out-of-state case (CCP 2029.610(a), CCP 2029.620(c)(1))

First petition by non-party for relief in discovery dispute related to out-of-state case (CCP 2029.610(a), CCP 2029.620(c)(2))

Subsequent petition by party for relief in discovery dispute related to out-of-state case (where first appearance fee was previously paid) (CCP 2029.620(c)(1))

Subsequent petition by non-party for relief in discovery dispute related to out-of-state case (where fee under GC 70626(c) was previously paid) (CCP 2029.620(c)(2))

Response by party to petition for relief in discovery dispute related to out-of-state case (where first appearance fee was not previously paid) (CCP 2029.610(c))

Response by party to petition for relief in discovery dispute related to out-of-state case (where first appearance fee was previously paid)

Response by non-party to petition for relief in discovery dispute related to out-of-state case

Requests for Protective Orders

Petition to prevent domestic violence and response

Petition to prevent abuse of an elder or dependent adult and response

Petition to prevent civil harassment (involving violence, threats of violence, or stalking) and response

Petition to prevent civil harassment (other) and response

Petition to prevent workplace violence (involving violence, threats of violence, or stalking) and response

Petition to prevent workplace violence (other) and response

CIVIL MOTION AND OTHER FILING FEES

Motion or other paper requiring a hearing (unless it is the party�s first paper and the first paper filing fee is paid), including the following:

Discovery in Out-of-State Case

Application for subpoena for discovery in out-of-state case (CCP 2029.300)

GC 70626(b)(5)

$30

First petition by party for relief in discovery dispute related to out-of-state case (CCP 2029.610(a), CCP 2029.620(c)(1))

GC 70611, 70602.5, 70602.6

$ 435*

First petition by non-party for relief in discovery dispute related to out-of-state case (CCP 2029.610(a), CCP 2029.620(c)(2))

GC 70626(c)

$ 80

Subsequent petition by party for relief in discovery dispute related to out-of-state case (where first appearance fee was previously paid) (CCP 2029.620(c)(1))

GC 70617(a)

$ 60

Subsequent petition by non-party for relief in discovery dispute related to out-of-state case (where fee under GC 70626(c) was previously paid) (CCP 2029.620(c)(2))

GC 70617(a)

$ 60

Response by party to petition for relief in discovery dispute related to out-of-state case (where first appearance fee was not previously paid) (CCP 2029.610(c))

GC 70612, 70602.5, 70602.6

$ 435*

Response by party to petition for relief in discovery dispute related to out-of-state case (where first appearance fee was previously paid)

CCP 2029.620(d)

No fee

Response by non-party to petition for relief in discovery dispute related to out-of-state case

CCP 2029.610(c), CCP 2029.620(d)

No fee

Requests for Protective Orders

Petition to prevent domestic violence and response

FC 6222,

GC 70617(b)(7)

No fee

Petition to prevent abuse of an elder or dependent adult and response

W&I 15657.03(q), GC 70617(b)(10)

No fee

Petition to prevent civil harassment (involving violence, threats of violence, or stalking) and response

CCP 527.6(w)�(x)

No fee

Petition to prevent civil harassment (other) and response

GC 70611, 70612, 70602.5, 70602.6

$ 435*

Petition to prevent workplace violence (involving violence, threats of violence, or stalking) and response

CCP 527.8(v)�(w)

No fee

Petition to prevent workplace violence (other) and response

GC 70611, 70612, 70602.5, 70602.6

$ 435*

CIVIL MOTION AND OTHER FILING FEES

Motion or other paper requiring a hearing (unless it is the party�s first paper and the first paper filing fee is paid), including the following:

Page 3

GC 70617(a)

$ 60

CIVIL MOTION AND OTHER FILING FEES

Motion listed under CCP 1005(a)(1)�(12)

Motion or application to continue a trial date

Discovery motion under CCP 2016.010 et seq.

Ex parte application requiring a party to give notice of the ex parte appearance to other parties

Motion for summary judgment or for summary adjudication

GC 70617(d)

Application to appear as counsel pro hac vice

GC 70617(e)(1)

Renewal fee for application to appear as counsel pro hac vice for each year a case continues

GC 70617(e)(2)

Reclassification of limited jurisdiction case to unlimited jurisdiction (CCP 403.060)

GC 70619

Processing change of venue3 (payable to superior court from which the transfer was requested) (a separate check with the initial filing fee for the court to which the case will be transferred is also required)

GC 70618

Request, application, or motion for, or notice of, continuance of hearing or case management conference

GC 70617(c)(1)

Stipulation and order (unless it is the party�s first paper and the first paper filing fee is paid)

GC 70617(c)(2)

Request for order authorizing service of summons by posting (CCP 415.45) or by publication (CCP 415.50)

GC 70617(c)(3)

Amended notice of motion

GC 70617(b)(2)

Civil case management statement

GC 70617(b)(3)

Request for trial de novo after judicial arbitration

GC 70617(b)(4)

Stipulation that does not require an order

GC 70617(b)(5)

A request for entry of default or default judgment

GC 70617(b)(8)

CIVIL JURY AND TRIAL RELATED FEES

Advance jury fee (nonrefundable)

CCP 631(b)

Daily jury deposits (amount set by court)

CCP 631(e)

Court reporting services in civil proceedings lasting one hour or less

GC 68086(a)(1)(A)

Court reporter per diem fees for civil proceedings lasting more than one hour (amount set by court)

GC 68086(a)(1)(B)

3 This is a processing fee �for making up and transmitting the transcript and papers� when venue in a case is changed. The motion fee under GC 70617 is charged separately for a motion for change of venue.

CIVIL JURY AND TRIAL RELATED FEES

Extra court reporter (amount set by court)

GC 69953.5

Amount set by court

JUDGMENT RELATED FEES

Confession of judgment (CCP 1134)

GC 70626(b)(3)

$ 30

Renewal of judgment (CCP 683.150)

GC 70626(b)(4)

$ 30

Notice of settlement (CRC 3.1385)

No fee

Certified copy of order to DMV when court orders judgment paid in installments

VC 16379

Amount set by court

POST JUDGMENT RELATED FEES

Issuing writ of attachment, writ of mandate, writ of execution, writ of sale, writ of possession, writ of prohibition, writ of restitution, or any other writ for enforcement of an order or judgment

GC 70626(a)(1)

$ 25

Issuing abstract of judgment

GC 70626(a)(2)

$ 25

Issuing an order of sale

GC 70626(b)(1)

$ 30

Application for order of sale of a dwelling (CCP 704.750)

GC 70617(a)(7)

$ 60

Application for examination of third person controlling defendant�s property (CCP 491.110, 491.150)

GC 70617(a)(3)

$ 60

Application for order for judgment debtor examination (CCP 708.110, 708.160). No separate fee is charged for filing the abstract of judgment with the application.

GC 70617(a)(6)

$ 60

Certificate of satisfaction of judgment (CCP 724.100)

GC 70626(a)(3)

$ 25

Notice to DMV of judgment debtor�s default in making installment payments

VC 16381

Amount set by court

SMALL CLAIMS FEES

Filing claim for $1,500 or less

CCP 116.230(b)(1)

$ 30

Filing claim for more than $1,500 but less than or equal to $5,000

CCP 116.230(b)(2)

$ 50

Filing claim for more than $5,000 but less than or equal to $10,000 (claim by natural persons only, with certain exceptions)

CCP 116.230(b)(3), CCP 116.221

$ 75

Filing claim by person who has filed more than 12 small claims in California within the previous 12 months

CCP 116.230(c)

$ 100

Amendment raising amount of claim from $1,500 or less to more than $1,500 but not exceeding $5,000

CCP 116.230(d)(1)

$ 20

Amendment raising amount of claim from more than $1,500 but not exceeding $5,000 to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions)

CCP 116.230(d)(2), CCP 116.221

$ 25

Page 5

Amendment raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions)

CCP 116.230(d)(3), CCP 116.221

$ 45

Service of copy of a claim under CCP � 116.340, for each defendant to whom the clerk mails a copy of the claim

CCP 116.232

$ 15

Transfer of case out of small claims court (defendant�s claim exceeding jurisdictional limit) (no receiving court filing or transfer fee)

CCP 116.390

No fee

Request for postponement of hearing, if defendant has been served

CCP 116.570

$ 10

Notice of appeal of small claims case

CCP 116.760

$ 75

Motion to vacate

CCP 116.745

$ 20

Fee for payment of judgment to court

CCP 116.860

$ 20

Application for order of examination of judgment debtor

GC 70617(a)(6), CCP 116.820

$ 60

Writ of execution

GC 70626(a)(1), CCP 116.820

$ 25

Abstract of judgment

GC 70626(a)(2), CCP 116.820

$ 25

FAMILY LAW FEES

Petition or other first paper (including a joint petition) for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(b), 70602.5, 70602.6

$ 435*

Response or other first paper filed in response to petition for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(d), 70602.5, 70602.6

$ 435*

First paper in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(a), 70602.5, 70602.6

$ 435*

First paper filed in response in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(c), 70602.5, 70602.6

$ 435*

A settlement agreement or stipulation for judgment that is signed by a defaulted respondent and included in a judgment of dissolution of marriage or domestic partnership; or a stipulation to modify such an agreement if the stipulation is presented by the petitioner. (Defaulted respondent is not charged a first paper fee under GC 70670. GC 70671(b), (e).)

GC 70677(c)

No fee

Appearance, stipulation, and waiver of rights in dissolution of marriage or domestic partnership, legal separation or nullity or to establish parentage, when respondent is a member of the armed forces

GC 70673

No fee

Petition for adoption (for each person to be adopted)

H&S 103730

$ 20

Page 6

Amendment raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions)

CCP 116.230(d)(3), CCP 116.221

$ 45

Service of copy of a claim under CCP � 116.340, for each defendant to whom the clerk mails a copy of the claim

CCP 116.232

$ 15

Transfer of case out of small claims court (defendant�s claim exceeding jurisdictional limit) (no receiving court filing or transfer fee)

CCP 116.390

No fee

Request for postponement of hearing, if defendant has been served

CCP 116.570

$ 10

Notice of appeal of small claims case

CCP 116.760

$ 75

Motion to vacate

CCP 116.745

$ 20

Fee for payment of judgment to court

CCP 116.860

$ 20

Application for order of examination of judgment debtor

GC 70617(a)(6), CCP 116.820

$ 60

Writ of execution

GC 70626(a)(1), CCP 116.820

$ 25

Abstract of judgment

GC 70626(a)(2), CCP 116.820

$ 25

FAMILY LAW FEES

Petition or other first paper (including a joint petition) for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(b), 70602.5, 70602.6

$ 435*

Response or other first paper filed in response to petition for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(d), 70602.5, 70602.6

$ 435*

First paper in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(a), 70602.5, 70602.6

$ 435*

First paper filed in response in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(c), 70602.5, 70602.6

$ 435*

A settlement agreement or stipulation for judgment that is signed by a defaulted respondent and included in a judgment of dissolution of marriage or domestic partnership; or a stipulation to modify such an agreement if the stipulation is presented by the petitioner. (Defaulted respondent is not charged a first paper fee under GC 70670. GC 70671(b), (e).)

GC 70677(c)

No fee

Appearance, stipulation, and waiver of rights in dissolution of marriage or domestic partnership, legal separation or nullity or to establish parentage, when respondent is a member of the armed forces

GC 70673

No fee

Petition for adoption (for each person to be adopted)

H&S 103730

$ 20

Page 6

Amendment raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $10,000 (claim by natural persons only, with certain exceptions)

CCP 116.230(d)(3), CCP 116.221

$ 45

Service of copy of a claim under CCP � 116.340, for each defendant to whom the clerk mails a copy of the claim

CCP 116.232

$ 15

Transfer of case out of small claims court (defendant�s claim exceeding jurisdictional limit) (no receiving court filing or transfer fee)

CCP 116.390

No fee

Request for postponement of hearing, if defendant has been served

CCP 116.570

$ 10

Notice of appeal of small claims case

CCP 116.760

$ 75

Motion to vacate

CCP 116.745

$ 20

Fee for payment of judgment to court

CCP 116.860

$ 20

Application for order of examination of judgment debtor

GC 70617(a)(6), CCP 116.820

$ 60

Writ of execution

GC 70626(a)(1), CCP 116.820

$ 25

Abstract of judgment

GC 70626(a)(2), CCP 116.820

$ 25

FAMILY LAW FEES

Petition or other first paper (including a joint petition) for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(b), 70602.5, 70602.6

$ 435*

Response or other first paper filed in response to petition for dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(d), 70602.5, 70602.6

$ 435*

First paper in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(a), 70602.5, 70602.6

$ 435*

First paper filed in response in family law matter other than dissolution of marriage or domestic partnership, legal separation, or nullity

GC 70670(c), 70602.5, 70602.6

$ 435*

A settlement agreement or stipulation for judgment that is signed by a defaulted respondent and included in a judgment of dissolution of marriage or domestic partnership; or a stipulation to modify such an agreement if the stipulation is presented by the petitioner. (Defaulted respondent is not charged a first paper fee under GC 70670. GC 70671(b), (e).)

GC 70677(c)

No fee

Appearance, stipulation, and waiver of rights in dissolution of marriage or domestic partnership, legal separation or nullity or to establish parentage, when respondent is a member of the armed forces

GC 70673

No fee

Petition for adoption (for each person to be adopted)

H&S 103730

$ 20

Page 6

Filings in a proceeding to declare a minor free from parental custody and control

FC 7806, 7841

No fee

Domestic violence restraining orders, including a request to obtain, modify, or enforce an order to prevent domestic violence or response to that request; and any request that is necessary to obtain or give effect to a restraining order

GC 70671(f), GC 70677(b)(5), FC 6222

No fee

Motion or order to show cause in family law matter (unless it is the party�s first paper and the first paper filing fee is paid)

GC 70677(a)

$ 60

Additional charge on motion or order to show cause to modify or enforce custody or visitation

GC 70678

$ 25

Stipulation and order not requiring a hearing; request or stipulation for continuance of hearing or case management conference not requiring a hearing

GC 70677(c)

$ 20

Stipulation that does not require an order

GC 70677(b)(7)

No fee

A stipulation regarding the date of termination of marital or domestic partnership status if the court has retained jurisdiction over that date

GC 70671(c)

No fee

First paper or any subsequent paper filed by the Department of Child Support Services to establish parentage or to establish, modify, or collect support

GC 6103.9, 70672

No fee

Response or subsequent paper filed in an action brought by the Department of Child Support Services to establish parentage or to establish, modify, or collect support if support is the only issue. If a custody issue is raised, see charge for first paper filed in response to other family law matters.

GC 70672

No fee

Filings on issues relating to parentage or support in a pre- existing non-governmental case in which a Title IV-D child support agency has intervened and is providing services under FC 17400

GC 70672

No fee

Statement to register a foreign support order or other first paper in a UIFSA case

GC 70677, FC 4927

No fee

A document relating to a stipulated postjudgment modification of child support

GC 70671(d)

No fee

Costs for stepparent adoption, including investigation (amount set by court, up to $700) (FC 9001, 9002)

FC 9002

Amount set by court

Child custody evaluation (amount set by court)

FC 3112

Amount set by court

Court-appointed counsel for child (amount set by court) (FC 3150 et seq.)

FC 3153

Amount set by court

Premarital counseling for minors

FC 304

Amount set by court

Cost for investigation re: petition to declare child free from parental custody and control

FC 7851.5

Amount set by court

Page 7

PROBATE FEES

First-filed petition for letters of administration or letters testamentary, first-filed petition for special letters of administration with powers of general representative under Prob.C 8545

GC 70650(a), 70602.5, 70602.6

$ 435*

First objection to probate of will or codicil (Prob.C 8250); first petition for revocation of probate of will or codicil

(Prob.C 8270) (if filed together with petition for appointment of personal representative under GC 70650(c), only the fee under GC 70650(c) is charged)

GC 70650(b), 70602.5, 70602.6

$ 435*

Later-filed petition for letters of administration, letters testamentary, or special letters of administration with powers of general representative by a person other than the original petitioner

GC 70650(c), 70602.5, 70602.6

$ 435*

First or subsequent petition for special letters of administration without powers of general personal representative

GC 70657.5(a)(3)

$ 200

Opposition to a petition for appointment of a personal representative in a decedent�s estate, other than a competing petition for appointment or a will contest, and objection or other opposition to first account of testamentary trustee subject to court supervision

GC 70651, 70602.5, 70602.6

$ 435*

Petition (or opposition to petition) concerning the internal affairs of a trust under Prob.C 17200 et seq., or first account of trustee of testamentary trust subject to continuing court jurisdiction under Prob.C 17300 et seq.

GC 70652, 70602.5, 70602.6

$ 435*

Petition (or opposition to petition) concerning the internal affairs of a trust created by court order under Prob.C 2580, 3100, or 3600 (trusts not subject to the $435 fee under GC 70652)

GC 70657.5(a)(1), 70652(d)

$ 200

Petition for appointment of conservator, guardian of the estate or guardian of the person and estate or opposition to these petitions other than competing petition for appointment

GC 70653(a), (b), 70602.5, 70602.6

$ 435*

Opposition to petition for appointment of conservator, guardian of the estate or guardian of the person and estate filed by or on behalf of the proposed conservatee or proposed ward or a parent of the proposed ward

GC 70653(f)

No fee

Petition for appointment of guardian of the person only or opposition to petition other than competing petition for appointment

GC 70654(a), (b), 70602.5

$ 225

Opposition to petition by the proposed ward or the parent of the proposed ward

GC 70654(e)

No fee

Petition or opposition filed after issuance of letters of guardianship or temporary guardianship, in guardianship of the person only

GC 70657(e)

No fee

First or subsequent petition for temporary letters of conservatorship or guardianship

GC 70657(a)(4)

$ 60

Page 8

PROBATE FEES

Petition commencing other proceedings under the Probate Code and objections or other opposition to such petitions, including the following:

GC 70655, 70602.5, 70602.6

$ 435*

Petition to determine the fact of death to determine title to real property and objections or other opposition (Prob.C 200)

GC 70655(c)(4), 70602.5, 70602.6

$ 435*

Petition for an order concerning a particular transaction and objections or other opposition (Prob.C 3100)

GC 70655(c)(5), 70602.5, 70602.6

$ 435*

Petition for an order concerning capacity determination and health care decision authority for adult without conservator and objections or other opposition (Prob.C 3200)

GC 70655(c)(6), 70602.5, 70602.6

$ 435*

Petition for compromise of the claim of a minor or disabled adult, no civil action pending, and objections or other opposition (Prob.C 3600)

GC 70655(c)(1), 70602.5, 70602.6

$ 435*

Petition concerning a power of attorney and objections or other opposition (Prob.C 4541)

GC 70655(c)(8), 70602.5, 70602.6

$ 435*

Petition concerning advance health care directive and objections or other opposition (Prob.C 4766)

GC 70655(c)(7), 70602.5, 70602.6

$ 435*

Petition to determine succession to real property and objections or other opposition (Prob.C 13151)

Spousal or domestic partnership property petition and objections or other opposition (Prob.C 13650)

GC 70655(c)(2), 70602.5, 70602.6

$ 435*

GC 70655(c)(3), 70602.5, 70602.6

$ 435*

Petition for approval, compromise, or settlement of claims against deceased settlor, or for allocation of amounts due between trusts, or objections or other opposition (Prob.C 19020)

GC 70655(c)(9), 70602.5, 70602.6

$ 435*

Any other petition that commences a proceeding under the Probate Code and objections or other opposition

GC 70655(c)(10), 70602.5, 70602.6

$ 435*

Petition for order setting aside estate of small value if no estate is pending for the decedent (Prob.C 6602)

GC 70656(a), 70602.5

$ 225

Opposition to petition for order setting aside estate of small value (Prob.C 6602)

Petition (or opposition to petition) for an order listed below, filed after issuance of letters testamentary, letters of administration, or letters of special administration to a personal representative of a decedent�s estate; letters of guardianship or temporary guardianship to a guardian of the estate or person and estate; or letters of conservatorship or temporary conservatorship to a conservator

GC 70656(b), 70602.5

GC 70658(a), 70602.5, 70602.6

$ 225

GC 70658(a)(1), 70602.5, 70602.6

� Petition for order concerning sale, lease, encumbrance, grant of an option, purchase, conveyance, or exchange of property

GC 70658(a)(2), 70602.5, 70602.6

� Petition for order settling an account of a fiduciary

$ 435

Page 9

PROBATE FEES

� Petition for order authorizing, instructing, or directing a fiduciary, or approving or confirming acts of a fiduciary

GC 70658(a)(3), 70602.5, 70602.6

� Petition for order concerning payment of compensation or expenses of an attorney

GC 70658(a)(4), 70602.5, 70602.6

� Petition for order concerning payment of compensation or expenses of a fiduciary

GC 70658(a)(5), 70602.5, 70602.6

� Petition for order surcharging or removing a fiduciary

GC 70658(a)(6), 70602.5, 70602.6

� Petition for order transferring or authorizing transfer of property of an estate to a fiduciary in another jurisdiction

GC 70658(a)(7), 70602.5, 70602.6

� Petition for order allowing a fiduciary�s request to resign

GC 70658(a)(8), 70602.5, 70602.6

� Petition for order adjudicating a claim to property under Prob.C 850 et seq.

GC 70658(a)(9), 70602.5, 70602.6

� Petition for order granting permission to fix the residence of a ward or conservatee outside of California

GC 70658(a)(10), 70602.5, 70602.6

� Petition for order concerning payments for support, maintenance, or education of a ward or conservatee or a of person entitled to support, maintenance, or education from a ward or conservatee

GC 70658(a)(11), 70602.5, 70602.6

� Petition for order concerning payment of surplus income to relatives of a conservatee (Prob.C 2423) or concerning substituted judgment (Prob.C 2580)

GC 70658(a)(12), 70602.5, 70602.6

� Petition for order affecting legal capacity of a conservatee under Prob.C 1870 et seq.

GC 70658(a)(13), 70602.5, 70602.6

� Petition for order adjudicating merits of a claim under Prob.C 2500 et seq.

GC 70658(a)(14), 70602.5, 70602.6

Petition (or opposition to petition) filed after the issuance of temporary letters of guardianship or conservatorship or letters of guardianship or conservatorship not subject to the $435 fee in GC 70658(a) and not exempt under GC 70657(e)

GC 70657(a)(3)

$ 60

Petition (or opposition to petition) filed after the issuance of letters of guardianship or temporary letters of guardianship in a guardianship of the person only

GC 70657(e), 70658(c)(1)

No fee

Disclaimer of interest in a decedent�s estate

GC 70657.5(c), 70658(c)(2)

No fee

Petition (or opposition to petition) after issuance of special letters of administration or letters testamentary or of administration in decedents� estates that are not subject to the $435 fee in GC 70658(a)

GC 70657.5(a)(2)

$ 200

Motion, application or other paper requiring a hearing after the first paper, including motion or other paper listed in GC 70617(a)

(motions listed in CCP 1005(a)(1)�(12), motion to continue a trial date, discovery motions, motion for new trial)

GC 70657(a)(1), 70617(a)

$ 60

Page 10

Code Total Section(s) Fee Due

PROBATE FEES

Application for ex parte relief other than ex parte petition for discharge.

GC 70657(a)(2)

$ 60

Ex parte petition for discharge of personal representative, conservator, or guardian upon completion of court-ordered distribution or transfer

GC 70657(a)(2)

No fee

Motion or other paper listed in GC 70617(b) (list of 13 items), including:

GC 70657(b)

No fee

� Amended notice of motion

GC 70657(b), 70617(b)(2)

� Civil case management statement

GC 70657(b), 70617(b)(3)

� Request for trial de novo after judicial arbitration

GC 70657(b), 70617(b)(4)

� Stipulation that does not require an order

GC 70657(b), 70617(b)(5)

� A request for entry of default or default judgment

GC 70657(b), 70617(b)(8)

� Paper requiring a hearing on a petition to approve the compromise of a claim of a minor or person with a disability under Prob.C 3600.

GC 70657(b), 70617(b)(13)

Petition to withdraw funds from blocked account

GC 70657(a)

$ 60

Motion for summary judgment

GC 70657(c), 70617(d)

$ 500

Deposit of estate planning documents

GC 70660

$ 20

Search for estate documents, for each search longer than 10 minutes

GC 70661

$ 15

Petition to establish record of birth, death, or marriage

H&S 103470, GC 70602.5

$ 225

Affidavit procedure for real property of small value under Prob.C 13201

GC 70626(b)(9)

Amount set by court

$ 30

Guardianship investigations (amount set by court)

Prob.C 1513.1

Information package for conservators

Prob.C 1835

Amount set by court

$ 20

Conservatorship investigator's fee (amount set by court)

Prob.C 1851.5

Petition for summary probate (Public Administrator only)

Prob.C 7660

$ 205

Delivery of will to the court in which the estate may be administered (Prob.C 8200)

GC 70626(d)

$ 50

Request for special notice in decedent�s estate, guardianship, conservatorship, and trust proceedings (Prob.C 1250, 2700, 17204)

GC 70662

$ 40

Page 11

APPEAL AND WRIT RELATED FEES

Appeal of Unlimited Civil Case

Certificate for Court of Appeal or Supreme Court on motion prior to filing appeal record

GC 70620

$ 20

Appeal or cross appeal to court of appeal (payable to court of appeal)

GC 68926, 68926.1(b)

$ 775

Deposit for preparation of clerk�s transcript (payable to superior court) (charged when notice of appeal to court of appeal is filed under GC 68926)

GC 68926.1

$ 100

Other Appeals

Appeal in limited civil case (to appellate division), where amount demanded in case does not exceed $10,000

GC 70621(b), 70602.5

$ 225

Appeal in limited civil case (to appellate division), where amount demanded in case exceeds $10,000 (but does not exceed $25,000)

GC 70621(a), 70602.5

$ 370

Appeal in small claims case

CCP 116.760

$ 75

Writ petition to appellate division, where amount demanded in limited civil case does not exceed $10,000

GC 70621(b), 70602.5

$ 225

Writ petition to appellate division, where amount demanded in limited civil case exceeds $10,000 (but does not exceed $25,000)

GC 70621(a), 70602.5

$ 370

Appeal from Labor Commissioner�s Award (Lab.C 98.2)

GC 70611, 70602.5, 70602.6

$ 435*

Appeal of final decision on parking citation violation (VC 40230)

GC 70615(b)

$ 25

Appeal from determination of dangerous or vicious dog (F&A 31622)

GC 70626(b)(8)

$ 30

Appeal of administrative fine or penalty (GC 53069.4(b)(2))

GC 70615(a)

$ 25

Appeal of administrative penalty for fare evasion or passenger conduct violation (PUC 99582)

GC 70615(c)

$ 25

RECORDS RELATED FEES

Certifying a copy of paper, record, or proceeding on file

GC 70626(a)(4)

$ 25

Certificate for which fee is not otherwise fixed; includes lis pendens

GC 70626(a)(8)

$ 25

Preparing a copy of any record, proceeding or paper on file (per page)

GC 70627(a)

$ 0.50

Comparison of a copy with an original on file (per page)

GC 70627(b)

$1

Searching records or files, for each search longer than 10 minutes

GC 70627(c)

$ 15

Exemplification of record or other paper on file

GC 70628

$ 50

Document authenticated pursuant to court order (per signature)

GC 70629

$ 15

Page 12

RECORDS RELATED FEES

Certified copy of marriage or domestic partnership dissolution record (requested by public agency)

GC 70674

$ 10

Certified copy of marriage or domestic partnership dissolution record (requested by any other applicant)

GC 70674

$ 15

RETURNED CHECKS AND INSUFFICIENT PAYMENTS

Administrative charge for a check that is returned without payment. A filing paid with such a check will be void if not paid, within 20 days of notification, in cash, by certified check, or by other means specified by the court, but not by traveler�s check or personal check.

CCP 411.20(g), GC 71386

Amount set by court

Administrative charge for processing a partial payment. A first paper filing submitted with a check for an insufficient amount will be void if the amount due is not paid within 20 days of notification.

CCP 411.21(g)

Amount set by court

MISCELLANEOUS FEES

Administrative charge for collection of fees where fee waiver was previously granted

GC 68638(a) (3)

$ 25

Administrative charge for recovering, as part of judgment, fees not paid by public entity under GC 6103

GC 6103.5(d)

Amount set by court

Taking affidavit, except in criminal case or adoption proceedings

GC 70626(a)(5)

$ 25

Acknowledgment of deed or other instrument

GC 70626(a)(6)

$ 25

Recording or registering license or issuing certificate in connection with a license, required by law, for which charge is not otherwise prescribed

GC 70626(a)(7)

$ 25

Filing affidavit of publication of notice of dissolution of partnership

GC 70626(b)(7)

$ 30

Filing and indexing papers for which a charge is not provided elsewhere

GC 70626(b)(10)

$ 30

Appearance by videoconferencing

GC 70630

Amount set by court

Reasonable fee for service or product, not to exceed costs, where no fee is otherwise provided for (Rule 10.815)

GC 70631

Amount set by court

Administering funds held in trust for deposits of funds for reporters� transcripts

GC 70632

CRC 8.130 and 8.834

$50

Certificate of facts regarding unsatisfied judgment

VC 16373

Amount set by court

Page 13

Appendix: First paper filing fees under the UCF in courts with local courthouse construction surcharges

Normal distribution to State Court Facilities Construction Fund6

Riverside7

San 8 Bernardino

San 9 Francisco

Local courthouse construction surcharge

Distribution to SCFCF

Total fee (with local surcharge and offset from SCFCF distribution)

Local courthouse construction surcharge

Distribution to SCFCF

Local courthouse construction surcharge

Distribution to SCFCF

$ 50

$ 255

$ 240

$ 10

$ 225

Limited civil cases

$ 370

$ 50

$0

$ 395

$ 380

$ 15

$ 370

$ 145

None

None

None

None

None

Unlimited civil cases

(> $25,000), family, probate

Limited civil < $10,000

Limited civil > $10,000

$ 225

Amendment to amount over $10,0004

Statewide uniform fee5

$ 435

$ 20

$ 25

$ 35

None

None

$ 50

$0

$0

$ 450

$ 35

$ 35

$ 140

$ 35

$0

$0

$0

Total fee (with local surcharge and offset from SCFCF distribution)

$ 435

$ 10

$ 10

$ 140

$ 50

$0

Total fee (with local surcharge and offset from SCFCF distribution)

$ 145

$ 450

4 This column shows the fee under GC 70613.5 for a filing increasing the amount at issue in a limited civil case from $10,000 or less to more than $10,000. The fee reflects the incremental amount that the first paper fee for a case with more than $10,000 at issue exceeds the first paper fee for a case with $10,000 or less at issue.

5 These uniform filing fees apply to both first paper filings and response filings in limited, unlimited, family law and probate cases.

6 Under the Uniform Civil Fee legislation, the standard distributions to the State Court Facilities Construction Fund are $20, $25 and $35 depending on the level and type of filing. In Riverside, San Bernardino and San Francisco the distribution to the SCFCF is reduced to offset, to the extent possible, the local courthouse construction surcharge.

7 In Riverside the maximum surcharge allowed by statute is $50 under GC 70622. As of January 1, 2009, the surcharge is $50 for all cases.

8 In San Bernardino the maximum surcharge allowed by statute is $35, which is applied to all first paper filings.

(GC 70624.)

9 In San Francisco the maximum surcharge allowed by statute is $50. $10 is applied to limited civil cases and $50 to other first paper filings. (GC 70625.)

Page 14

Fees for limited civil unlawful detainer cases and cases filed by assignees in courts with local courthouse construction surcharges

Statewide uniform fee

Limited civil unlawful detainer cases10

Unlawful detainer, limited civil < $10,000

Unlawful detainer, limited civil > $10,000

$ 385

Cases filed by assignees

Ltd civil with declarations <$5,000

$ 181

Amendment to amount 11

over $10,000

$ 240

$ 189

Normal distribution to State Court Facilities Construction Fund12

$ 20

$ 25

$ 20

None

Riverside13

Local courthouse construction surcharge

$ 50

$ 50

$ 50

None

Distribution to SCFCF

Total fee (with local surcharge and offset from SCFCF distribution)

$0

$ 270

$0

$ 410

$0

$ 211

None

$ 184

San 14 Bernardino

Local courthouse construction surcharge

$ 35

$ 35

$ 35

None

Distribution to SCFCF

Total fee (with local surcharge and offset from SCFCF distribution)

$0

$ 255

$0

$ 395

$0

$ 196

None

$ 184

San 15 Francisco

Local courthouse construction surcharge

$ 10

$ 10

$ 10

None

Distribution to SCFCF

Total fee (with local surcharge and offset from SCFCF distribution)

$ 10

$ 240

$ 15

$ 385

$ 10

$ 181

None

$ 189

10 These amounts incorporate the additional $15 fee under CCP 1161.2 charged to plaintiffs in limited civil unlawful detainer cases.

11 This column shows the fee under GC 70613.5 for a filing increasing the amount at issue in a limited civil case filed by an assignee (with declaration) from within the small claims jurisdictional limit to more than $10,000. The fee reflects the incremental amount that the first paper fee for a limited civil case with more than $10,000 at issue exceeds the first paper fee for a case with declarations with less than $5,000 at issue.

12 Under the Uniform Civil Fee legislation, the standard distributions to the State Court Facilities Construction Fund are $20, $25 and $35 depending on the level and type of filing. In Riverside, San Bernardino and San Francisco the distribution to the SCFCF is reduced to offset, to the extent possible, the local courthouse construction surcharge.

13 In Riverside the maximum surcharge allowed by statute is $50 under GC 70622. As of January 1, 2009, the surcharge is $50 for all cases.

14 In San Bernardino the maximum surcharge allowed by statute is $35, which is applied to all first paper filings.

(GC 70624.)

15 In San Francisco the maximum surcharge allowed by statute is $50. $10 is applied to limited civil cases and $50 to other first paper filings. (GC 70625.)

Page 15


Asked on 4/06/15, 10:05 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It is a civil complaint. If the case is worth over $25,000, it is an unlimited civil case. If it's below that amount, it's a limited civil case. Review the chart to see what is the appropriate filing fee.

Read more
Answered on 4/07/15, 12:08 am


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