HomeMy WebLinkAboutMINUTES - 05091989 - 1.35 01-1
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TO: Board of Supervisorsnil
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FROM: Phil Batchelor, County Administrator
DATE: May 1, 1989 A-cooK
SUBJECT: LEGISLATION: AB 562 (Bradley)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of SUPPORT for AB 562 by Assemblyman Bradley which would increase the fees
charged by the Courts for a variety of civil matters, including serving writs, filing specified civil
papers and issuing an abstract of judgment.
BACKGROUND:
The fee for issuing a writ of attachment,a writ of mandate, a writ of execution, a writ of sale, a writ
of possession, a writ of prohibition or any other writ for the enforcement of any order or judgment
is currently $3.50. This fee was set at$3.00 in 1980 and was increased to $3.50 in 1982. The fee
has not been increased in the past seven years. Assemblyman Bradley has introduced AB 562 which
would increase this fee from $3.50 to $7.50, effective upon being approved by the Governor.
The fee for filing any notice of motion,or any other paper requiring a hearing subsequent to the first
paper, or any notice of intention to move for a new trial of any civil action or special proceeding,
or an application for renewal of a judgment was set at$12.00 in 1980. In 1981 a number of specified
papers were exempted from this fee. In 1982 the fee was increased to$14.00. The fee has not been
increased in the past seven years. Assemblyman Bradley has introduced AB 562 which would
increase each of these fees from$14.00 to $18.00 effective upon being approved by the Governor.
No other changes are proposed in the papers which are exempt from the fee.
CONTINUED ON ATTACHMENT: YES SIGNATURE: tk & 4�e_ �nazl�
Recommendation of County Administrator Recommendation of Board Committee
Approve D / , Other-
Signature(s): dw6b G'1 -
Action of Board on: May 9,1989 Approved as Recommended Other
Vote of Supervisors
I HEREBY CERTIFY THAT THIS IS A TRUE AND
Unanimous(Absent ) CORRECT COPY OF AN ACTION TAKEN AND
Ayes: Noes: ENTERED ON HE MINUTES OF THE BOARD
Absent: Abstain: OF SUPERVISORS ON DATE SHOWN.
cc: County Administrator ATTESTED MAY 9 1989
Municipal Court Administrator PHIL BATCHELOR,CLERK OF THE BOARD
Superior Court Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Chuck Bock,ASO,Clerk-Recorder's Office
George Roemer,Director,Justice Systems Programs BY: ,Deputy Clerk
Assemblyman Bradley
Les Spahnn,JacksonBarish&Associates
LEGISLATION: AB 562 (Bradley)
May 1, 1989
Page - 2 -
The fee for issuing an abstract of judgment was set at$3.00 in 1980. In 1982 the fee was increased
to $3.50. The fee has not been increased in the past seven years. Assemblyman Bradley has
introduced AB 562 which would increase this fee from$3.50 to$7.50,effective upon being approved
by the Governor.
The Municipal Court Administrator supports these fee increases and has urged the Board of
Supervisors to also support these increases, which place more of the cost of civil litigation on the
parties involved, rather than upon the taxpayer. Given the level of inflation since 1982, these
increases appear to be well justified and we would agree that the Board of Supervisors should support
AB 562.