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I have a question about the unlimited civil filing fee.

Pleasanton, CA |

If I file the cross complaint and motion to strike with my answer, jointly with my co-defendant, in our unlimited civil case, is it just the fee of $435, or is there an additional fee for the complaint, and is there even an additional fee for the motion to strike. Or are these all included in the $435. Is there a way around this fee? This is an unclean hands case; is there a fee-free motion to file to attempt to get the case dismissed based on unclean hands? No grounds for this suit. I could just imagine if 40 people (impossible yet possible in my example) filed unl. civil unclean hands cases, I'd have to pay $17,400 to answer and defend?! How does me having to pay make any sense. Any help is much appreciated, in advance. Thanks!

Attorney Answers 2

  1. The filing fee for a first paper is $435 per defendant. You pay this fee when you file your answer, demurrer, motion to strike, or other first paper. The motion to strike involves an additional fee of $60, since it involves a hearing. Unless you can get a fee waiver based on financial hardship, the fees must be paid.

    Whether the fee "makes sense" or not is probably not relevant in the grand scheme of things. The state has decided what the fee schedule should be, and we have to abide by it until it is changed.

  2. While I agree with Charles Perry you also should be informed that you should first file your Motion to Strike and get a ruling from the court before you file your Answer and Cross Complaint.

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