Small Claims in CA: after you dismiss a Small Claims case which was not heard: are you allowed to file for costs of suit?

Asked in San Diego, CA - 8 months

Such as the filing fee and process servers? Or any other legit costs?--such as ?

Attorney Answers (3)

Michael Charles Doland

Michael Charles Doland

Santa Monica Business Attorney

Licensed in CA

Answered 8 months ago. Costs can only be awarded to a "prevailing party" and dismissing your case does not make you a "prevailing party".
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
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Michael Raymond Daymude

Michael Raymond Daymude

Sherman Oaks Litigation Lawyer

Licensed in CA

Answered 8 months ago. No.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
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Adam Jay Jaffe

Adam Jay Jaffe

Solana Beach Litigation Lawyer

Licensed in CA

Answered 8 months ago. Dismissal prior to hearing is tantamount to a settlement. Though you may have not settled, only the prevailing party (or party who won) is allowed to get costs.

If you have further questions, be sure to speak with a lawyer that knows about Small Claims.
-Adam Jaffe Law Office of Adam Jay Jaffe PO Box 2437 Camarillo, CA 93011-2437 (805) 504-2223 www.... more
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