4 Appendix B Liability Limits of a Parent or Guardian Having Custody and Control of a Minor 1 for the Torts of a Minor (Civ. Code, § 1714.1) 2 3 4 Formula 5 6 Pursuant to Civil Code

section 1714.1, the joint and several liability limit of a parent or 7 guardian having custody and control of a minor under subdivisions (

a) and (

b) for each 8 tort of the minor shall be computed and adjusted as follows: 9 10 Adjusted limit = Current CCPI – January 1, 1995, CCPI x January 1, 1995, 11 January 1, 1995, CCPI + 1 limit 12 13 14 Definition 15 16 “CCPI” means the California Consumer Price Index, as established by the California 17 Department of Industrial Relations. 18 19 20 July 1, 20135, calculation and adjustment 21 22 The joint and several liability of a parent or guardian having custody and control of a 23 minor under Civil Code

section 1714.1, subdivision (

a) or (b), effective July 1, 20135, 24 shall not exceed $39,300 $40,600 for each tort. 25 26 The calculation is as follows: 27 28 238.155 246.055– 151.5 29 $39,299.50 $40,603.14 = 151.5 + 1 x $25,000 30 31 32 Under

section 1714.1, subdivision (c), the adjusted limit is rounded to the nearest 33 hundred dollars, so the dollar amount of the adjusted limit is rounded down to $39,300 34 $40,600. 35

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 3.50. Application of rules 1 2 (a)–(b) * * * 3 4 (

c) Probate fee waivers 5 6 Initial fee waivers in decedents’ estate, probate conservatorship, and probate 7 guardianship proceedings or involving guardians or conservators as parties on 8 behalf of their wards or conservatees are governed by rule 7.5. 9 10 (Subd (

c) adopted effective September 1, 2015.) 11 12 Rule 3.50 amended effective September 1, 2015; adopted effective January 1, 2007; previously 13 amended effective July 1, 2009. 14 15 3.51. Method of application 16 17 (a) * * * 18 19 (Subd (

a) lettered effective September 1, 2015; adopted as unlettered subd. effective 20 January 1, 2007.) 21 22 (

b) Applications involving (proposed) wards and conservatees 23 24 An application for initial fee waiver under rules 3.55 and 7.5 by a probate guardian 25 or probate conservator or a petitioner for the appointment of a probate guardian or 26 probate conservator for the benefit of a (proposed) ward or conservatee, in the 27 guardianship or conservatorship proceeding or in a civil action or proceeding in 28 which the guardian or conservator is a party on behalf of the ward or conservatee, 29 must be made on Request to Waive Court Fees (Ward or Conservatee) (form FW -30 001-GC).

An application for initial fee waiver under rule 3.56 by a guardian or 31 conservator or a petitioner for the appointment of a guardian or conservator for the 32 benefit of a (proposed) ward or conservatee must be made on Request to Waive 33 Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-002 -34 GC). 35 36 (Subd (

b) adopted effective September 1, 2015.) 37 38 Rule 3.51 amended effective September 1, 2015; adopted effective January 1, 2007; previously 39 amended effective January 1, 2007 and July 1, 2009. 40 41

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 3.52. Procedure for determining application 1 2 The procedure for determining an application is as follows: 3 4 (1) * * * 5 6

(2) An order determining an application for an initial fee waiver must be made on 7 Order on Court Fee Waiver (Superior Court) (form FW-003) or, if the application 8 is made for the benefit of a (proposed) ward or conservatee, on Order on Court Fee 9 Waiver (Superior Court) (Ward or Conservatee) (form FW-003-GC), except as 10 provided in (6) below. 11 12

(3) An order determining an application for an initial fee waiver after a hearing in the 13 trial court must be made on Order on Court Fee Waiver After Hearing (Superior 14 Court) (form FW-008) or, if the application is made for the benefit of a (proposed) 15 ward or conservatee, on Order on Court Fee Waiver After Hearing (Superior 16 Court) (Ward or Conservatee) (form FW-008-GC). 17 18

(4) Any order granting a fee waiver must be accompanied by a blank Notice of 19 Improved Financial Situation or Settlement (form FW-010) or, if the application is 20 made for the benefit of a (proposed) ward or conservatee, a Notice to Court of 21 Improved Financial Situation or Settlement (Ward or Conservatee) (form FW -22 010(GC). 23 24

(5) Any order denying an application without a hearing on the ground that the 25 information on the application conclusively establishes that the applicant is not 26 eligible for a waiver must be accompanied by a blank Request for Hearing About 27 Fee Waiver Order (Superior Court) (form FW-006) or, if the application is made 28 for the benefit of a (proposed) ward or conservatee, a Request for Hearing About 29 Court Fee Waiver Order (Superior Court) (Ward or Conservatee) (form FW-006 -30 GC). 31 32 (6) * * * 33 34 Rule 3.52 amended effective September 1, 2015; adopted as rule 3.56 effective January 1, 2007; 35 previously amended and renumbered as rule 3.52 effective July 1, 2009; previously amended 36 effective January 1, 2007 and July 1, 2015. 37 38 3.53.

Application granted unless acted on by the court 39 40

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 The application for initial fee waiver is deemed granted unless the court gives notice of 1 action on the application within five court days after it is filed.

If the application is 2 deemed granted under this provision, the clerk must prepare and serve a Notice: Waiver 3 of Court Fees (Superior Court) (form FW-005) or, if the application is made for the 4 benefit of a (proposed) ward or conservatee, a Notice: Waiver of Court Fees (Superior 5 Court) (Ward or Conservatee) (form FW-005-GC), five court days after the application is 6 filed. 7 8 Rule 3.53 amended effective September 1, 2015; adopted as rule 3.57 effective January 1, 2007; 9 previously amended effective January 1, 2007; previously amended and renumbered as rule 3.53 10 effective July 1, 2009. 11 12 7.5.

Waivers of court fees in decedents’ estates, conservatorships, and 13 guardianships 14 15 (

a) Scope of rule 16 17 This rule governs initial fee waivers, as defined in rule 3.50(b), that are requested 18 by petitioners for the appointment of fiduciaries, or by fiduciaries after their 19 appointment, in decedents’ estates, conservatorships, and guardianships under the 20 Probate Code. The rule also governs initial fee waivers in other civil actions or 21 proceedings in which conservators or guardians are parties representing the 22 interests of their conservatees or wards. 23 24 (

b) Court fee waiver requested by a petitioner for the appointment of a 25 conservator or guardian of the person, estate, or person and estate of a 26 conservatee or ward 27 28 A petitioner for the appointment of a conservator or guardian of the person, estate, 29 or person and estate of a conservatee or ward must base an application for an initial 30 fee waiver on the personal financial condition of the proposed conservatee or ward. 31 32 (

c) Court fee waiver requested by a petitioner for the appointment of a personal 33 representative of a decedent’s estate 34 35 A petitioner for the appointment of a personal representative of a decedent’s estate 36 must base an application for an initial fee waiver on the petitioner’s personal 37 financial condition. 38 39

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 (

d) Effect of appointment of a personal representative of a decedent’s estate on a 1 court fee waiver 2 3 The appointment of a personal representative of a decedent’s estate may be a 4 change of financial condition for fee waiver purposes under Government Code 5

section 68636 in accordance with the following: 6 7

(1) If the successful petitioner is an appointed personal representative: 8 9 (

A) The petitioner’s continued eligibility for an initial fee waiver must be 10 based on the combined financial condition of the petitioner and the 11 decedent’s estate. 12 13 (

B) Upon marshaling or collecting assets of the decedent’s estate following 14 the petitioner’s appointment and qualification as personal 15 representative, the petitioner must notify the court of a change in 16 financial condition under Government Code

section 68636(

a) that may 17 affect his or her ability to pay all or a portion of the waived court fees 18 and costs. 19 20 (

C) The court may make a preliminary determination under Government 21 Code

section 68636(

b) that the petitioner’s appointment as fiduciary is 22 a change of financial condition that makes the petitioner no longer 23 eligible for an initial fee waiver based, in whole or in part, on the 24 estimates of estate value and income contained in the petitioner’s 25 Petition for Probate. In that event, the court must give notice and 26 conduct the hearing required by

section 68636(b). 27 28

(2) If the successful petitioner is not an appointed personal representative: 29 30 (

A) An initial fee waiver for that petitioner continues in effect according to 31 its terms for subsequent fees incurred by that petitioner in the 32 proceeding solely in his or her individual capacity. 33 34 (

B) The appointed personal representative may apply for an initial fee 35 waiver. The application must be based on the combined financial 36 condition of the personal representative and the decedent’s estate. 37 38 (

e) Financial condition of the conservatee or ward 39 40

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015

(1) The financial condition of the conservatee or ward for purposes of this rule 1 includes: 2 3 (

A) The financial condition—to the extent of the information known or 4 reasonably available to the conservator or guardian, or the petitioner for 5 the conservator’s or guardian’s appointment, upon reasonable 6 inquiry—of any person who has a duty to support the conservatee or 7 ward, including a spouse, registered domestic partner, or parent.

A 8 divorced spouse’s or divorced registered domestic partner’s duty to 9 support a conservatee and a parent’s duty to support a ward under this 10 subparagraph is limited to the amount of support ordered by a court. 11 Consideration of a support order as an element of the conservatee’s or 12 ward’s financial condition under this rule is subject to the provisions of 13 Government Code sections 68637(

d) and (e), concerning the likelihood 14 that the obligated person will pay all or any portion of the support 15 ordered by the court; 16 17 (

B) A conservatee’s interest in community property that is outside the 18 conservatorship estate and under the management or control of the 19 conservatee’s spouse or registered domestic partner; and 20 21 (

C) The right to receive support, income, or other distributions from a trust 22 or under a contract. 23 24

(2) Following the appointment of a conservator or guardian and the grant of an 25 initial fee waiver based on the financial condition of the conservatee or ward, 26 the conservator or guardian is the “person who received the initial fee 27 waiver” for purposes of Government Code

section 68636(a), whether or not 28 he or she was the successful applicant for the initial waiver. The conservator 29 or guardian must report to the court any changes in the financial condition of 30 the conservatee or ward that affects his or her ability to pay all or a portion of 31 the court fees and costs that were initially waived, including any changes in 32 the financial condition of the persons or property mentioned in subparagraphs 33 (1)(

A) and (1)(

B) of this subdivision of which the conservator or guardian 34 becomes aware after reasonable investigation. 35 36 (

f) Additional discretionary factors in the financial condition or circumstances of 37 a decedent’s, conservatee’s, or ward’s estate 38 39

(1) The financial condition of the decedent’s, conservatee’s, or ward’s estate for 40 purposes of this rule may, in the court’s discretion, include consideration of: 41

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 1 (

A) The estate’s liquidity; 2 3 (

B) Whether estate property or income is necessary for the support of a 4 person entitled to a family allowance from the estate of a decedent, the 5 conservatee or a person entitled to support from the conservatee, or the 6 ward; or 7 8 (

C) Whether property in a decedent’s estate is specifically devised. 9 10

(2) If property of the estate is eliminated from consideration for initial court fee 11 waiver purposes because of one or more of the factors listed in (1), the court 12 may determine that the estate can pay a portion of court fees, can pay court 13 fees over time, or can pay court fees at a later time, under an equitable 14 arrangement within the meaning of Government Code sections 68632(

c) and 15 68634(e)(5). An equitable arrangement under this paragraph may include 16 establishment of a lien for initially waived court fees against property 17 distributable from a decedent’s estate or payable to the conservatee or ward 18 or other successor in interest at the termination of a conservatorship or 19 guardianship. 20 21 (

g) Payment of previously waived court fees by a decedent’s estate 22 23 If the financial condition of a decedent’s estate is a change of financial condition of 24 a fee waiver applicant under this rule that results in withdrawal of a previously 25 granted initial waiver of fees in favor of a petitioner for the appointment of a 26 personal representative, the estate must pay to the court, as an allowable expense of 27 administration, the fees and costs previously waived. 28 29 (

h) Termination or modification of previously granted initial fee waivers 30 31

(1) Conservatorships and guardianships of the estate or person and estate 32 33 Upon establishment of a conservatorship or guardianship of the estate or 34 person and estate, the court may collect all or a portion of court fees 35 previously waived from the estate of the conservatee or ward if the court 36 finds that the estate has the ability to pay the fees, or a portion thereof, 37 immediately, over a period of time, or under some other equitable agreement, 38 without using moneys that normally would pay for the common necessaries 39 of life for the conservatee or ward and his or her family. The court must 40 comply with the notice and hearing requirements of the second paragraph of 41

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 Government Code

section 68634(e)(5) to make the findings authorized in this 1 paragraph. 2 3

(2) Conservatorships and guardianships of the person 4 5 In a conservatorship or guardianship of the person, if the court seeks to 6 reconsider or modify a court fee waiver previously granted based on 7 collection, application, or consideration of support, assets, or income 8 described in (e), it must proceed as provided in Government Code

section 9 68636 and comply with the notice and hearing requirements of the second 10 paragraph of Government Code

section 68634(e)(5), including notice to the 11 conservator or guardian, any support obligor, and any person in possession of 12 the assets or income. The conservator or guardian must appear at the hearing 13 on behalf of the conservatee or ward, and the court may also appoint counsel 14 for the conservatee or ward under Probate Code

section 1470. 15 16 (

i) Civil actions in which a conservator or guardian is a party representing the 17 interests of a conservatee or ward 18 19 In a civil action in which a conservator or guardian is a party representing the 20 interests of a conservatee or ward against another party or parties, for purposes of 21 Government Code sections 68631.5, 68636, and 68637: 22 23

(1) The conservator or guardian is the person with a duty to notify the court of a 24 change of financial condition under

section 68636(

a) and the person the court 25 may require to appear at a court hearing under sections 68636(

b) and (c); 26 27

(2) The conservatee or ward and the persons identified in subparagraphs (1)(A) 28 and (

B) of subdivision (

e) of this rule is the person or persons whose change 29 of financial condition or circumstances of which the court is to be notified 30 under

section 68636(a); and 31 32

(3) The conservatee or ward is the person or party whose initial fees and costs 33 were initially waived under sections 68636(

c) and 68637. 34 35 (

j) Advances of court fees and costs by legal counsel 36 37

(1) Government Code

section 68633(g)—concerning agreements between 38 applicants for initial court fee waivers and their legal counsel for counsel to 39 advance court fees and costs and court hearings to determine the effect of the 40

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 presence or absence of such agreements on the applications—applies to 1 proceedings described in this rule. 2 3

(2) Conservators, guardians, and petitioners for their appointment applying for 4 initial fee waivers under this rule represented by legal counsel, and their 5 counsel, must complete the Request to Waive Court Fees (Ward or 6 Conservatee) (form FW-001-GC), including items 2a and 2b, and, if a 7 request to waive additional court fees is made, the Request to Waive 8 Additional Court Fees (Superior Court) (Ward or Conservatee) (form FW-9 002-GC), including items 2a and 2b.

The reference to “legal-aid type 10 services” in these forms refers to legal services provided to an applicant by 11 counsel for or affiliated with a qualified legal services project defined in 12 Business and Professions Code

section 6213. 13 14 (

k) Expiration of initial court fee waivers in decedents’ estates, conservatorships, 15 and guardianships 16 17 “Final disposition of the case” in decedent’s estate, conservatorship, and 18 guardianship proceedings for purposes of determining the expiration of fee waivers 19 under Government Code

section 68639 occurs on the later of the following events: 20 21

(1) Termination of the proceedings by order of court or under operation of law in 22 conservatorships and guardianships of the person; or 23 24

(2) Discharge of personal representatives of decedents’ estates and discharge of 25 conservators or guardians of estates. 26 27 Rule 7.5 adopted effective September 1, 2015. 28 29 Rule 8.26. Waiver of fees and costs 30 31 (

a) Application form 32 33 An application for initial waiver of court fees and costs in the Supreme Court or 34 Court of Appeal must be made on Request to Waive Court Fees (form FW-001) or, 35 if the application is made for the benefit of a (proposed) ward or conservatee, on 36 Request to Waive Court Fees (Ward or Conservatee) (form FW-001-GC). The 37 clerk must provide Request to Waive Court Fees (form FW-001) or Request to 38 Waive Court Fees (Ward or Conservatee) (form FW-001-GC) and the Information 39 Sheet on Waiver of Fees and Costs (Supreme Court, Court of Appeal, or Appellate 40 Division) (form APP-015/FW-015-INFO) without charge to any person who 41

AMENDMENTS TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on July 28, 2015, effective on September 1, 2015 requests any fee waiver application or states that he or she is unable to pay any 1 court fee or cost. 2 3 (Subd (

a) amended effective September 1, 2015.) 4 5 (b) * * * 6 7 (

c) Procedure for determining application 8 9 The application must be considered and determined as required by Government 10 Code

section 68634.5. An order from the Supreme Court or Court of Appeal 11 determining the application for initial fee waiver or setting a hearing on the 12 application in the Supreme Court or Court of Appeal may be made on Order on 13 Court Fee Waiver (Court of Appeal or Supreme Court) (form APP-016/FW-016) 14 or, if the application is made for the benefit of a (proposed) ward or conservatee, on 15 Order on Court Fee Waiver (Court of Appeal or Supreme Court) (Ward or 16 Conservatee) (form APP-016-GC/FW-016-GC). 17 18 (Subd (

c) amended effective September 1, 2015.) 19 20 (d)–(g) * * * 21 22 Rule 8.26 amended effective September 1, 2015; adopted effective July 1, 2009; previously 23 amended effective October 28, 2011. 24