Section 70616 Of Article 1. Civil Fees Generally From California Government Code >> Title 8. >> Chapter 5.8. >> Article 1.
70616
. (a) In addition to the first paper filing fee required by
Section 70611 or 70613, a single complex case fee shall be paid to
the clerk on behalf of all plaintiffs, whether filing separately or
jointly, either at the time of the filing of the first paper if the
case is designated as complex pursuant to the California Rules of
Court, or, if no such designation was made, in each case in which a
court determines that the case is a complex case pursuant to the
California Rules of Court, within 10 calendar days of the filing of
the court's order.
(b) In addition to the first appearance fee required under Section
70612 or 70614, a complex case fee shall be paid on behalf of each
defendant, intervenor, respondent, or adverse party, whether filing
separately or jointly, either at the time that party files its first
paper in a case if the case is designated or counterdesignated as
complex pursuant to the California Rules of Court, or, if no such
designation was made, in each case in which a court determines that
the case is a complex case pursuant to the California Rules of Court,
within 10 calendar days of the filing of the court's order. This
additional complex fee shall be charged to each defendant,
intervenor, respondent, or adverse party appearing in the case, but
the total complex fees collected from all the defendants,
intervenors, respondents, or other adverse parties appearing in a
complex case shall not exceed ten thousand dollars ($10,000).
(c) In each case in which the court determines that a case that
has been designated or counterdesignated as complex is not a complex
case, the court shall order reimbursement to the parties of the
amount of any complex case fees that the parties have previously paid
pursuant to subdivision (a) or (b).
(d) In each case determined to be complex in which the total fees
actually collected exceed, or if collected would exceed, the limit in
subdivision (b), the court shall make any order as is necessary to
ensure that the total complex fees paid by the defendants,
intervenors, respondents, or other adverse parties appearing in the
case do not exceed the limit and that the complex fees paid by those
parties are apportioned fairly among those parties.
(e) The complex case fee established by this section shall be five
hundred fifty dollars ($550), unless the fee is reduced pursuant to
this section. The fee shall be transmitted to the Trial Court Trust
Fund as provided in Section 68085.1.
(f) The fees provided by this section are in addition to the
filing fee authorized by Section 70611, 70612, 70613, or 70614.
(g) Failure to pay the fees required by this section shall have
the same effect as the failure to pay a filing fee, and shall be
subject to the same enforcement and penalties.
(h) The amendments made to the predecessor to this section during
the 2011-12 Regular Session of the Legislature do not constitute a
change in, but are declaratory of, existing law.
(i) This section shall become operative on July 1, 2018.