“[P]ayment of filing fees is both mandatory and jurisdictional.” (Hu v. Silgan Containers Corp. (1999) 70 Cal.App.4th 1261, 1269.) “Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c).)
However, CCP §1010.6(b) states: “A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions: . . . . (6) The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. . . .” (Emphasis added.)
Government Code § 68634 states, in part: “(b) All applications for an initial fee waiver shall be accepted for filing. If an applicant submits an application without providing all required information to compete the form, the clerk shall request that the applicant supply the omitted information, but shall not refuse to file the application, or refuse to file any pleadings accompanying the application, on the ground that the fee has not been paid. . . . (c) If a person has filed an application for an initial fee waiver, the person shall be permitted to file his or her pleading or other papers immediately, without paying any fees.”
Cal. Rules of Court, Rule 2.252 states in part: “(a) In general. A court may provide for electronic filing of documents in actions and proceedings as provided under Code of Civil Procedure section 1010.6 and the rules in this chapter. . . . (f) The court must permit electronic filing of an application for waiver of court fees and costs in any proceeding in which the court accepts electronic filings.
If a party qualifies for SSP or Medi-Cal, the party “shall be granted” permission to proceed without paying court fees. (Gov. Code, § 68632(a)(1) and (7).)
Indeed, OS Pacific’s showing falls far short of the types of financial information requested in the Judicial Council FW-001 form for the Request to Waive Court Fees. (Request for Judicial Notice Ex. 1; Cardinal Care, 47 Cal.App.5th at 1021 [quoting Alshafie v.
Sep 18, 2020
Personal Injury/ Tort
Fraud
Los Angeles County, CA
Defendant filed an answer in pro per on 9/17/19 along with a request to waive court fees. There was a hearing on the waiver of fees set for 11/12/19. The hearing was continued to 1/7/20 to allow Defendant to bring the correct documents required by the court (Judge Honer). (ROA 40, 41.) On 11/25/19, Plaintiffs then filed these Motions to Compel on that are set for this week. Defendant then filed a Notice of Bankruptcy Stay. (ROA 55.) The case was stayed o 12/16/19 and then the stay was lifted on 2/14/20.
Sep 10, 2020
Orange County, CA
On January 21, 2020, after Plaintiff’s request to waive court fees was denied, the court clerk issued a Notice of Voiding of Filing for failure to pay the filing fee. (1/21/20 Notice of Voiding of Filing.) On February 24, 2020, Plaintiff filed the instant Motion for Reinstatement of Complaint (the “Motion”). As Defendants have not yet been served with the summons and complaint, service of this Motion is not required.
Aug 27, 2020
James E. Blancarte
Los Angeles County, CA
Here, Plaintiff filed a Request to Waive Court Fees, which was approved by the Court on October 23, 2018 by Judge Jon R. Takasugi. (10/23/18 Notice: Waiver of Court Fees.) However, the request was granted by operation of law as no action was taken by the court within five days after the request was filed, not because the court expressly determined that Plaintiff was indigent. (Id.)
Aug 06, 2020
James E. Blancarte
Los Angeles County, CA
Application to Waive Court Fees. TENTATIVE RULING # 6: APPEARANCES REQUIRED AT 8:30 A.M. ON FRIDAY, JULY 31, 2020 IN DEPARTMENT NINE. NOTE: NO PERSONAL APPEARANCES WILL BE ALLOWED DUE TO THE ONGOING PUBLIC HEALTH CRISIS. APPEARANCES VIA ZOOM ARE REQUIRED AND MEETING INFORMATION WILL BE PROVIDED. PARTIES TO CONTACT THE COURT IMMEDIATELY AT 530-621-5867 TO PROVIDE THEIR CONTACT INFORMATION IN ORDER FOR THE COURT TO SEND ZOOM INVITES TO ATTENDEES.
Jul 31, 2020
El Dorado County, CA
On November 20, 2019, Defendant filed in propria persona a motion to quash service of summons and a request to waive court fees. On November 25, 2019, the court clerk denied Defendant’s fee waiver request based on the finding that her stated household income was “not credible.” On November 26, 2019, the court clerk mail-served the court order denying the fee waiver request on Defendant. On December 17, 2019, the court clerk mail-served Defendant with a notice.
Jul 29, 2020
Real Property
Quiet Title
Los Angeles County, CA
With the Complaint, Plaintiff also filed a Request to Waive Court Fees. Plaintiff’s Request to Waive Court Fees was rejected on September 24, 2019 and was ordered to pay the required fees. (9/24/19 Order on Court Fee Waiver.) On October 16, 2019, following Plaintiff’s failure to pay court fees as directed, the court clerk voided the Complaint. (10/16/19 Clerk’s Notice of Voiding of Filing.) On January 28, 2020, Plaintiff filed the instant Motion to Vacate Order of Voiding of Filing (the “Motion”).
Jul 21, 2020
James E. Blancarte
Los Angeles County, CA
On December 23, 2019, such answer was voided by the Clerk’s Office of this Court because: (1) Moving Defendant’s request to waive court fees was denied on November 27, 2019; and (2) Moving Defendant failed to make payment. As such, Moving Defendant’s answer was voided pursuant to California Government Code, Section 68634(g). A certificate of mailing with respect to the Clerk’s Notice of Voiding of Filing was executed on December 23, 2019. On January 6, 2020, default was entered against Moving Defendant.
Jul 08, 2020
Contract
Breach
Los Angeles County, CA
Portillo requests that the monetary sanctions be reduced to the $73.60 filing fee because she currently is unemployed due to the COVID-19 pandemic, and she has obtained a waiver of court fees in this case. (Giraldo Decl., ¶ 7, Ex. D.) However, Portillo has not proffered any testimony as to her unemployment; her counsel has no personal knowledge of that matter. The Court does take judicial notice of the fee waiver.
Jul 08, 2020
Los Angeles County, CA
The confusion appears to stem from the fact that when Defendant filled out her application for waiver of court fees, which she filed before her answer, and the order granting that application, filed after her answer, she gave 1772 Piner Rd #1 as her address but this appears to be the address of her place of work. Plaintiff now moves the Court to set aside the original order on the RFAs, due to inadequate notice to Defendant, and to hear Plaintiff’s motion to deem the RFAs admitted.
Jun 09, 2020
Patrick M
Sonoma County, CA
On March 4, 2019, Angelina Dettamanti (Dettamanti) submitted a Request to Waive Court Fees in related case No. 18CV06350, entitled Durant Harvesting, Inc. v. Angelina Dettamanti.
Feb 20, 2020
Santa Barbara County, CA
On June 7, 2019, the clerk notified Plaintiff of the rejection of the complaint, because Plaintiff’s counsel had identified the Request to Waive Court Fees as a Request to Waive Additional Court Fees in the drop-down menu in the electronic filing system. (See Declaration of Daniel D. Geoulla) Plaintiff re-filed the case on June 11, 2019 without issue.
Dec 11, 2019
Los Angeles County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (Cal. Rules of Court, rule 8.25(c).) Accordingly, the Court cannot consider the instant Motion until three additional filing fees are paid.
Nov 20, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (Cal. Rules of Court, rule 8.25(c).) Accordingly, the Court cannot consider the instant Motions until one additional filing fee is paid.
Nov 20, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c).) Because Plaintiff has only paid one filing fee for the improperly combined Motion instead of two filing fees, the Court cannot consider the Motion at this time. II.
Nov 06, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
The confusion appears to stem from the fact that when Defendant filled out her application for waiver of court fees, which she filed before her answer, and the order granting that application, filed after her answer, she gave 1772 Piner Rd #1 as her address but this appears to be the address of her place of work.” On September 26, 2019, Plaintiff filed an amended motion showing the new hearing date and with a new proof of service.
Nov 05, 2019
Sonoma County, CA
Plaintiff also filed a Request to Waive Court Fees and an Order on Court Fee Waiver. (Declaration of Scott Feig (“Feig Decl.”), ¶ 2.) Plaintiff’s counsel submitted the firm’s credit card in the event the court denied the Request to Waive Court Fees. (Feig Decl., ¶¶ 3-4.) The order on the court fee waiver was issued on 11/28/18, and notice from the clerk of the court to pay the mandatory filing fee was served on 12/6/18. (Defendant’s RJN, Exs. C and D.) On 1/7/19, defendant filed an Answer.
Oct 28, 2019
Orange County, CA
Course of Proceedings On March 15, 2019, the court denied Walker’s request to waive court fees. On June 18, 2019, the court held a trial setting conference and Walker did not appear. The court scheduled an Order to Show Cause (“OSC”) re: Dismissal for Failure to Appear for July 9, 2019. On July 9, 2019, the court held a hearing on the OSC. Again, Walker failed to appear. The court ordered the dismissal of the case.
Sep 26, 2019
Administrative
Writ
Los Angeles County, CA
On July 16, 2019 the corporate Defendants filed requests to waive court fees and answer in pro per. Now these defendants are represented by counsel. Plaintiffs’ request to strike the answers and enter defaults is denied. The court will request that the corporate defendants file amended answers through counsel within ten days. The case management conference scheduled for October 21, 2019 at 8:30 a.m. in Department 11B will remain. Ross 9/20/2019
Sep 20, 2019
San Joaquin County, CA
The confusion appears to stem from the fact that when Defendant filled out her application for waiver of court fees, which she filed before her answer, and the order granting that application, filed after her answer, she gave 1772 Piner Rd #1 as her address but this appears to be the address of her place of work. The prevailing party is to prepare an order conforming with the order of the Court, submitting it to the opposing party for review five days prior to submitting it to the Court.
Sep 19, 2019
Sonoma County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c)(1), emphasis added.) “[P]ayment of filing fees is both mandatory and jurisdictional.” (Hu v. Silgan Containers Corp. (1999) 70 Cal.App.4th 1261, 1269.) Per Gov.
Aug 27, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
Although Plaintiff’s request to waive court fees was granted, combining multiple motions under the guise of one motion, and using a reservation for one motion as the basis for others, manipulates the Court Reservation System and unfairly jumps ahead of other litigants. In the future, Plaintiff is ordered to reserve separate hearing dates for each individual motion. The Court will proceed to consider only one motion—the motion to compel responses to request for production of documents (set one).
Aug 14, 2019
Employment
Other Employment
Los Angeles County, CA
Dickens, III (“Dickens”), declared that he filed a request to waive court fees with the court on October 16, 2015, based on Stefani’s qualification for Medi-Cal. Dickins declared he understood at the time that Stefani’s receipt of Medi-Cal guaranteed her a fee waiver of all court fees, including jury fees. (Declaration of Dickins ¶3.) Dickens declared he mistakenly did not file the request for additional fee waiver at the time.
Aug 14, 2019
Los Angeles County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c).) Because Plaintiff has only paid one filing fee for the improperly combined Motion instead of three filing fees, the Court cannot consider the Motion at this time. II.
Aug 13, 2019
James E. Blancarte or Serena R. Murillo
Los Angeles County, CA
“Unless otherwise provided by law, any document for which a filing fee is required under Government Code sections 68926 or 68927 must be accompanied at the time of filing by the required fee or an application for a waiver of court fees under rule 8.26.” (CRC 8.25(c).) Accordingly, the Court cannot consider the instant Motions until two additional filing fees are paid. II. Conclusion & Order Defendants are ordered to pay two additional filing fees.
Jul 17, 2019
James E. Blancarte or Wendy Chang
Los Angeles County, CA
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