Original Summons Kept by Courts
Effective January 1, 2006, the courts will be keeping all original summons in the court records. A copy of the summons will be issued to each plaintiff upon request. For more information about rule CCP 412.10, click here.

Increased Fees For 2006
The Judicial Council of California has announced that a new, uniform civil filing fee schedule will go into effect in the state’s trial courts effective January 1, 2006. The new fee structure will streamline and simplify civil fees by rolling the current varied surcharges and add-on fees into one filing fee. The new single filing fee will also include a $3.00 increase in the law library fee, to $32.00, which was authorized
by the Orange County Board of Supervisors in 2004, to be effective January 1, 2006. For the vast majority of court filings and services, the same fees will be charged for the same services across all 58 counties.

The changes in the court fees are designed to create statewide consistency in filing fees and to help ensure stable funding, while maintaining access and continuing a high level of public service in the California trial courts. The changes result from the enactment of the Uniform Civil Fees and Standard Fee Schedule Act, which was approved by the Legislature and the Governor earlier this year.

The new structure will:

Streamline and simplify the civil fee structure. Rolls the various surcharges and add-on fees into one uniform filing fee.

Create uniformity. For the vast majority of fees, the same fees will be charged for the same services across all 58 counties.

Increase access to the courts. The new structure directs additional funding to equal access programs.

Offer predictability. Court users will know that fees will remain consistent from county to county and will remain unchanged for a minimum of two years.

Each superior court will begin collecting the new consolidated fee in any affected court matter effective January 1, 2006. Any filings that are received by the Court after December 31, 2005, must be accompanied by the revised fee.

Changes in United States Bankruptcy Fees
In accordance with item 6 of the Miscellaneous Fee Schedule for Bankruptcy Courts, the Adversary Filing Fee will change on September 20th from $150.00 to $250.00. In addition, pursuant to the amendment to section 325 of the Bankruptcy Abuse and Consumer Protection Act of 2005 (Pub L. 109-8, 2005) the filing fee amounts required by 28 U.S.C. 1930 for the Chapter 7 Filing Fee will change from $209.00 to $274.00. The Chapter 13 Filing Fee will change from $194.00 to $189.00. And, the Chapter 11 Filing Fee will increase from $839.00 to $1,039.00. All other fees will remain the same.

Increases in Federal Witness Fees
Effective September 1st, 2005, the federal witness mileage fees have increased. Previously, the fees were $0.405 cents roundtrip or $0.81 cents one way. The fees have now increased to $0.485 cents round trip or $0.97 cents one way.

Revised Publication Forms for San Diego Superior Court
New forms are now available for the San Diego Superior Court. The forms can be downloaded online or picked up at their courts. Effective September 1, 2005, the new forms must be used for filings to be accepted by the court. The revised forms include SDSC Form # CIV-048, Application For Publication of Summons/Citation (REV 7-05) and SDSC Form # CIV -049 Order For Publication of Summons/Citation (REV 7-05).

New Requirements for Service for Ventura Summons and Complaint
Effective July 1st, 2005, pursuant to Ventura County Superior Court Local Rule 24.03, when serving a summons and complaint, you must also serve the Voluntary Early Civil Mediation Questionnaire (VN-183). This new rule applies to any civil lawsuit filed after July 1st, 2005. The form VN-183 can be downloaded online.

Changes in Riverside Court Fees
Effective June 29, 2005 a $5.00 surcharge will be added to first paper civil fees. The new Riverside filing fee schedule can be view online.

Mandatory Electronic Filing
Effective June 1, 2005, as specified in paragraph 19 of Second Amended General Order 02-01, attorneys who manually file documents capable of being filed electronically in five or more bankruptcy cases and/or adversary proceedings in a single calendar year must thereafter use eFile, the Court’s electronic filing system.

The court will monitor compliance with this requirement. Failure to comply with the electronic filing requirement may result in an Order to Show Cause why sanctions or other consequences should not be imposed. Documents currently capable of being electronically filed include: Voluntary Chapter 7 Petitions, Chapter 13 Petitions, Relief From Stay Motions, and Complaints.

This General Order also incorporates current practices as new paragraphs 17 and 18, and improves clarity. Second Amended General Order 02-01 can be viewed on the Court’s web site under the Notices & General Order section.

To register or learn more about eFile, please visit the Court’s web site and select the Electronic Services section. You may also contact the eFile Support Center at 213.894.2365, Monday through Friday, 9:00am to 4:00pm (excluding federal holidays).

Updates to the RPSG and RPSGW
GC 8202 - A Notary Public must determine identification of signer based upon satisfactory evidence. The Jurat wording must indicate that identification.

CCP 1005 - The notice of motion of documents specified in the statute has changed from 21 days to 16 courts days. This will make calculating dates more cumbersome.

CCP 405.20; 405.22 - Changes the word "shall" to "may" re Lis Pendens recording.

CCP 416.40 - Service of Unincorporated Association may be ordered to be made on a member of the association after showing that the designated agent for service cannot be found.

GC 26733.5 - Writ of Possession
Sheriff may charge $50.00 for each additional occupant evicted.

Government Code 8201 - A six-hour course is required to become a Notary Public after July 1, 2005.

New California Legislation
SB 1465 - Employment Records
This bill requires that when a subpoena is sent to a labor union for records related to a current or former member’s employment, a notice must be sent to the union member, just as when a subpoena for documents is sent to an employer for records related to a current or former employee’s employment, a notice must be sent to the employee.

AB 205 – Domestic Partner Legislation
The California Domestic Partner Rights and Responsibilities Act of 2003 was enacted last year, however, it is important that we discuss AB205 again this year because the new domestic partner law became effective on January 1, 2005. AB 205, which amends the California Family Code, generally extends the rights and duties of marriage to registered domestic partners. As of January 1, 2005, registered domestic partners will have many new rights and responsibilities, including community property rights, duties of mutual financial support, and rights and obligations with respect to a child of either domestic partner. However, AB 205 cannot provide registered domestic partners with any of the benefits, protections, or responsibilities provided to opposite-sex couples by federal laws.

At a minimum, employers should review their domestic partner policies, particularly in light of AB 2208 (CA Insurance Equity for All Families Act), as well as review their leave policies (including Family and Medical Care, Paid Family Leave, and “Kin Care”) to ensure that such policies reference “domestic partner” whenever such policies reference “spouse”.

SB 1696 - Vehicles: Driving Under the Influence: Sanctions
This provides that a person whose driver's license has been suspended or revoked because of a DUI conviction may not have his or her license reinstated until proof of attendance at a driving-under-the-influence program is received by the DMV.

Increase in Federal Court Witness Fees
Effective January 1, 2005, Federal Court witness fees have increased. The initial fee will remain at $40.00 with the mileage fees increasing to $0.81 a mile one way traveled. See our fee schedule for details.

IR 2004-139 – New Standard Mileage Rate Set
The Internal Revenue Service released the optional standard mileage rates to use for 2005 in computing the deductible costs of operating an automobile for business, affecting witness fees for Federal Subpoenas (see below). Effective January 1, 2005, the standard mileage rates for the use of a car (including vans, pickups or panel trucks) will be 40.5 cents a mile for all business miles driven, up from 37.5 cents a mile in 2004, the largest one-year rise ever. The primary reasons were higher prices for vehicles and fuel during the year ending in September.

Culver City Courthouse to Close
Effective April 4, 2005, all operations will discontinue at the Culver City Courthouse located at 4130 Overland Avenue in Culver City, California. All matters scheduled for the Culver City Courthouse on, or after, April 4, 2005 will be heard at the Santa Monica Courthouse located at 1725 Main Street in Santa Monica, California.

United States District Court to Increase Fees
Effective February 7, 2005, the United States District Court, Central District of California will increase the filing fee from $150 to $250.

USCIS Announces New Processing Procedures
USCIS Reaches H-2B Cap – New Processing Procedures Announced

On January 5, 2005, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H-2B petitions to meet this year’s congressionally mandated cap of 66,000 new workers. After January 3, 2005, USCIS will not accept any new H-2B petitions subject to the FY 2005 annual cap.USCIS will follow the procedures set forth in the notice published on March 16, 2004 in the Federal Register at 69 FR 12340 to address the cap reached during FY 2004. USCIS will use the following procedure for the remainder of FY 2005:

* USCIS will process all petitions received by the end of business on January 3, 2005.
* USCIS will return all petitions subject to the annual cap (along with the filing fee and, if applicable, the premium processing fee) that are filed after the end of business on January 3, 2005.
* Petitioners may re-submit or file new petitions when they have received labor certification approval for work to start on or after October 1, 2005.

USCIS plans to provide further details on these procedures in a new notice that will be published in the Federal Register shortly.

Uniform Civil Fees for California State Courts
Judicial Council Adopts Legislative Proposal on Uniform Civil Fees for State Courts

At a public meeting in San Francisco on December13, 2004, the Judicial Council of California approved a legislative proposal on uniform civil fees for state trial courts. By a unanimous vote the council voted to sponsor legislation that will streamline and simplify the civil fee structure for all those who use California’s trial courts.

With a proposed effective date of July 1, 2005, the new fee schedule results from a comprehensive statewide study on court fees directed by Chief Justice Ronald M. George, Chair of the Judicial Council, the policymaking body of the state courts.

If enacted, the new schedule will establish uniform civil fees for the same services in all 58 California counties; help eliminate the current $17 million deficiency in the trial courts’ budget; modestly increase fees but still maintain access to justice in state courts; and ensure predictability because fees will remain unchanged until 2007. The new civil fee schedule may be viewed

New Small Claims Filing Form - OC Superior Court
New Small Claims Filing Form – Orange County Superior Court

Effective January 1, 2005, form SC-100 is revised and re-titled: Plaintiff’s Claim and Order to Go to Small Claims Court. The new form will accommodate the identification of one plaintiff and one defendant. When there is more than one plaintiff or more than one defendant, new form SC-100A, Other Plaintiffs or Defendants (Small Claims) must be used. The new forms must be used when filing a case in Small Claims Court on and after January 1, 2005.

Each form must be accompanied by one copy for each party on the case. The clerk’s office will not provide copies for serving defendants.

Forms SC-100 and SC-100A will soon be available on the Court Web site. If litigants do not have access to the Internet, the forms may be obtained from the Clerk’s Office. All forms must be typed or clearly printed.

Court Filing Fees Raised
Court Filing Fees Raised $2 in Civil, Family, Probate and Limited Civil Appeals

Effective Jan. 1, 2005, an additional $2 will be charged for the first-paper filing fees for Civil, Family and Probate actions, and for the filing of an appeal and the respondent’s first paper in an appeal in Limited Civil.

The $2 increase is in compliance with a Los Angeles County Board of Supervisors’ Resolution on Oct. 26, 2004, approving an increase in law library fees. Filing window clerks will be charging the additional $2 beginning Jan. 3, 2005.

A revised schedule of the filing fees was posted Jan. 2, 2005, on the Court’s Web site at and will be available at the clerk’s office in each court location accepting civil, probate, or family law filings.

For further information, contact Central Civil Operations at (213) 893-2169.

New DUI Court Established in Orange County
New Court to Handle Driving Under Influence (DUI) Cases in Orange County

A two-year pilot program aimed to reduce recidivism and combat the problems associated with individuals who drive under the influence (DUI) was launched on November 3, 2004, at the Orange County Superior Court Harbor Justice Center.

“The mission of the Orange County DUI Court is to reduce DUI recidivism, enhance community safety, and foster a healthier and safer life for the participants and their families by increasing treatment, supervision and accountability of the high-risk impaired drive,” said Orange County Superior Court Jude Carlton P. Biggs, who oversees the DUI Court. He added, “It is important that participants in the program acknowledge that they have a substance abuse problem and realize how it has negatively affected their life and the lives of the people around them.”

DUI Court is modeled after the successful Drug Court program, which requires offenders to undergo substance abuse treatment in combination with education, judicial monitoring, formal supervision and frequent alcohol/drug testing. Designed for offenders who have suffered their second or third arrest for Driving under the Influence of Alcohol or drugs and are ready to admit their crime and addiction, admission to the program requires entering a guilty plea to their case, which must be filed at the Harbor Justice Center. Defendants must also live in Orange County, not have any convictions for violence or weapons violations, and have the ability to travel to Newport Beach for court and Santa Ana for treatment and probation supervision. Upon enrollment in the DUI Court Program, a jail sentence is stayed pending successful completion of the program. Participants are expected to perform mandatory jail sentences, which may allow electronic confinement.

Funded by a grant from the California Office of Traffic Safety, the Orange County Superior Court administers the pilot program, working collaboratively with: Orange County Probation, Orange County Health Care Agency’s Alcohol and Drug Abuse Services, Office of the District Attorney, Office the Public Defender, Orange County Sheriff’s Department, California Highway Patrol, the police departments for the cities of Costa Mesa, Newport Beach, Laguna Beach and Irvine, and the non-profit organization Mothers’ Against Drunk Driving (MADD).

For more information about DUI Court, contact any of the following agencies:

Orange County Superior Court (949) 476-4638
Orange County Probation (714) 569-2200