Local Rules of the Superior Court

c7cba1347a3dcc1da148cdfd09119eac50cdf8a4

California Superior Local Rules

a) For any principal amount awarded up to $5000.00, the fees are 25% of the principal amount awarded or $300.00, whichever is greater; (

b) For any principal amount awarded between $5000.01 and $15,000.00, the fees are $1250.00 plus 20% of the principal amount awarded in excess of $5000.00; (

c) For any principal amount awarded between $15,000.01 and $25,000.00, the fees are $3250.00 plus 15% of the principal amount awarded in excess of $15,000.00; (

d) For any principal amount awarded between $25,000.01 and $50,000.00, the fees are $4750.00 plus 10% of the principal amount awarded in excess of $25,000.00; and, (

e) For any principal amount awarded over $50,000.00, the fees are $7250.00 plus 5% of the principal amount awarded in excess of $50,000.00. For any action on a contract based on a book account, the above fees are subject to the fees specifically allowed by Civil Code

Section 1717.5. For any civil action also involving the foreclosure of a mortgage or deed of trust, the above fees are increased by 10%. 2. Claims of minors or incompetent persons In any action involving the claim of a minor or incompetent person, the following fees: (

a) For any amount recovered prior to the introduction of a substantial part of plaintiff’s case at trial, 25% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney. Local Rules of the Superior Court of California, County of Alameda Appendix B Guideline for Attorney Fees B - 2 (

b) For any amount recovered after the introduction of a substantial part of plaintiff’s case at trial, 33 1/3% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney. 3. Unlawful detainers In any civil action for unlawful detainer when judgment is obtained by default or uncontested trial, the minimum fee is $375.00. 4. Extraordinary fees An attorney seeking fees in excess of the fees stated above must submit a written declaration with an itemized statement of services rendered to substantiate any claim for extraordinary fees. 5.

Judicial discretion A judge retains complete discretion in awarding attorney fees based on the circumstances of the action. A judge may require an attorney to submit a declaration, itemized statement of services, and other supporting documentation to substantiate any claim for attorney fees. 6. Clerk’s judgment fees When the clerk is authorized by statute to enter judgment that includes attorney fees pursuant to an approved fee schedule, the clerk must use the above-approved fees when determining and entering the clerk’s judgment.

The amount of attorney fees awarded must not exceed the amount of fees prayed for in the complaint. Appendix B reenacted and renumbered effective July 1, 2008; adopted as Item D in Appendix to Chapters and of the Local Rules effective August 1, 2000.

Document details

Collection	California Superior Local Rules
Citation	c7cba1347a3dcc1da148cdfd09119eac50cdf8a4
Type	court_rule
Language	en
Format	pdf
Source	CA_LOCAL
Identifier	c7cba1347a3dcc1da148cdfd09119eac50cdf8a4

Source file is stored in the law ingest library (pdf).