Charisse Thomas vs. Ariel Cumigad

Case No.: 34-2017-00206189-CL-BC-GDS    

The motion of plaintiff and cross-defendant, Charisse Thomas ("Thomas"), to tax costs claimed by defendants and cross-complainants Ariel Cumigad and Katty Cumigad ("Cumigad"), is granted as set forth below.

Thomas moves to strike a portion of Cumigad's claim for filing fees, and the entirety of Cumigad's claim for attorneys' fees of $6,313.

Thomas' motion as to the claim of filing fees is made upon the ground that the case proceeded as a limited civil action claiming an amount up to $10,000.00 under which the first paper filing fee for each of the Cumigad's was no more than $250.00 (Cal. Gov. §§70614(b), 70602.5.) The court has reviewed the case history and has identified only two payments by the Cumigad's for first paper fees, totaling $500.00. Their claim for $870 in filing fees is taxed in the amount of $370.00.

Thomas moves to tax Cumigad's claim for attorneys' fees upon the ground that such fees may only be recovered by way of a noti........