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Case Dismissed Without Prejudice, Can I Get Filing Fees Back?

San Leandro, CA |

I am the defendant in this case and the plaintiff dismissed the case without prejudice before the trial date. I was wondering can I get my filing fees back?

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Attorney answers 3

Posted

Nope. You paid to file and you got it filed.

This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

Posted

Yes. File and serve a memorandum of costs: http://www.courts.ca.gov/documents/mc010.pdf.

Asker

Posted

I filed the memorandum of cost, they filed a declaration of the attorney oppossing, but no motion to tax and the 20 days are up on the 28th. I was told to file a judgement dismissal, is this correct?

Susan Kathryn Ashabraner

Susan Kathryn Ashabraner

Posted

As I responded in your other post, call the court clerk to inquire what she needs to enter the judgment awarding costs. The plaintiff's declaration alone was insufficient; plaintiff was required to file a notice of motion and motion to tax costs.

Posted

You cannot get your filing fees back from the Court. However, you can get a judgment against the Plaintiff in the amount of the filing fees that you paid. Most will simply pay them once you obtain the Judgment. First thing you need to do is complete and file a Memorandum of Costs using the Judicial Counsel form below. Then you lodge a Judgment of Dismissal with the Court Clerk for the Judge to sign. Once signed, you will have a Judgment against the Plaintiff in the amount of your filing fees.

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