Bill Text: CA AB582 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Courts: complex case fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - Died at Desk. [AB582 Detail]

Download: California-2009-AB582-Introduced.html

---

BILL NUMBER: AB 582	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huber

                        FEBRUARY 25, 2009

   An act to amend Section 70616 of the Government Code, relating to
courts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 582, as introduced, Huber. Courts: complex case fees.
   Existing law requires a $550 fee to be paid by each party at the
time of filing its first paper if the case is designated as a complex
case, and requires payment of the same fee by each party who has not
paid the fee whenever a case is determined to be a complex case.
Existing law imposes a limitation of $10,000 on the total amount of
fees collected from all plaintiffs, and the same limitation on the
total amount of fees collected from all defendants, intervenors,
respondents, and adverse parties appearing in a complex case.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 70616 of the Government Code is amended to
read:
   70616.  (a) In addition to the first appearance fee required by
Section 70611 or 70613, a complex case fee shall be paid to the clerk
at the time of the filing of the first paper if the case is
designated as complex pursuant to the California Rules of Court.
However, the total complex fees collected from all plaintiffs
appearing in a complex case shall not exceed ten thousand dollars
($10,000).
   (b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, at the time that party files its first paper
in a case if the case is designated or counterdesignated as complex
pursuant to the California Rules of Court. This additional complex
fee shall be charged to each defendant, intervenor, respondent, or
adverse party appearing in the case, but the total complex fees
collected from all the defendants, intervenors, respondents, or other
adverse parties appearing in a complex case shall not exceed ten
thousand dollars ($10,000).
   (c) In each case in which a court determines that the case is a
complex case pursuant to the California Rules of Court, all parties
who have not paid the fees required under subdivision (a) or (b)
shall pay the complex case fee prescribed by those subdivisions to
the clerk of the court within 10 calendar days of the filing of the
court's order.
   (d) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
   (e) (1) In each case determined to be complex in which the total
fees actually collected exceed, or if collected would exceed, the
limit in subdivision (a), the court shall make any order as is
necessary to ensure that the total complex  case  fees paid
by the plaintiffs appearing in the case do not exceed the limit and
that the complex  case  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  case  fees paid by the
defendants, intervenors, respondents, or other adverse parties
appearing in the case do not exceed the limit and that the complex
 case  fees paid by those parties are apportioned fairly
among those parties.
   (f) The complex case  fee   fees 
established by this section shall be five hundred fifty dollars
($550), unless the  fee is   fees are
reduced pursuant to this section. The  fee  
fees  shall be transmitted to the Trial Court Trust Fund as
provided in Section 68085.1.
   (g)  The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
   (h) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
   (i) The complex fees provided for in this section shall be charged
in all complex cases filed on or after August 18, 2003.