Appendix B to the court's local rules: attorney fees considered reasonable in civil actions where fees are not otherwise set by law — a schedule for uncontested actions on notes, contracts and book accounts, claims of minors or incompetent persons, unlawful detainers, extraordinary fees, judicial discretion and clerk's judgments.
California > First Appellate District > Alameda County > Superior Court of California, County of Alameda
Local Rules of the Superior Court of California, County of Alameda Appendix B Guideline for Attorney Fees The following attorney fees will, under normal circumstances, be considered reasonable in civil actions providing for payment of attorney fees where the fees are not otherwise set by law. 1. Civil actions In any uncontested civil action where the obligation sued upon is a note, contract, or book account, the following fees: (a) For any principal amount awarded up to $5000.00, the fees are 25% of the principal amount awarded or $300.00, whichever is greater; (b) For any principal amount awarded between $5000.01 and $15,000.00, the fees are $1250.00 plus 20% of the principal amount awarded in excess of $5000.00; (c) For any principal amount awarded between $15,000.01 and $25,000.00, the fees are $3250.00 plus 15% of the principal amount awarded in excess of $15,000.00; (d) For any principal amount awarded between $25,000.01 and $50,000.00, the fees are $4750.00 plus 10% of the principal amount awarded in excess of $25,000.00; and, (e) For any principal amount awarded over $50,000.00, the fees are $7250.00 plus 5% of the principal amount awarded in excess of $50,000.00. For any action on a contract based on a book account, the above fees are subject to the fees specifically allowed by Civil Code Section 1717.5. For any civil action also involving the foreclosure of a mortgage or deed of trust, the above fees are increased by 10%. 2. Claims of minors or incompetent persons In any action involving the claim of a minor or incompetent person, the following fees: (a) For any amount recovered prior to the introduction of a substantial part of plaintiff’s case at trial, 25% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney. (b) For any amount recovered after the introduction of a substantial part of plaintiff’s case at trial, 33 1/3% of the net amount recovered after deducting allowable costs paid or incurred by claimant’s attorney. 3. Unlawful detainers In any civil action for unlawful detainer when judgment is obtained by default or uncontested trial, the minimum fee is $375.00. 4. Extraordinary fees An attorney seeking fees in excess of the fees stated above must submit a written declaration with an itemized statement of services rendered to substantiate any claim for extraordinary fees. 5. Judicial discretion A judge retains complete discretion in awarding attorney fees based on the circumstances of the action. A judge may require an attorney to submit a declaration, itemized statement of services, and other supporting documentation to substantiate any claim for attorney fees. 6. Clerk’s judgment fees When the clerk is authorized by statute to enter judgment that includes attorney fees pursuant to an approved fee schedule, the clerk must use the above-approved fees when determining and entering the clerk’s judgment. The amount of attorney fees awarded must not exceed the amount of fees prayed for in the complaint. Appendix B reenacted and renumbered effective July 1, 2008; adopted as Item D in Appendix to Chapters 4 and 5 of the Local Rules effective August 1, 2000.
Local Rules of the Superior Court of California, County of Alameda Appendix B Guideline for Attorney Fees The following attorney fees will, under normal circumstances, be considered reasonable in civil actions providing for payment of attorney fees where the fees are not otherwise set by law. 1. Civil actions In any uncontested civil action where the obligation sued upon is a note, contract, or bo
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Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.
The 23 local rules of the Starr County district courts: definitions and the election of the Local Administrative District Judge (last Friday in January of odd years; two-year term from February 1); random, equal assignment of district cases and the County Court at Law's share (family cases, civil cases pleading $100,000 or less, misdemeanors); the case-numbering format effective January 1, 2019 (year, CV/CR/CRS/FM/TAX, five digits; CRS for the 229th, CR for the 381st); notice of visiting-judge assignments; electronically transmitted pleadings (cover sheet, seven-day fee window, returns of service and bonds on paper, one-hour clerk handling of child-protection filings); transfer of related civil cases to the earlier court and SAPCR transfer to the divorce court; pre-trial settings through the Court Coordinator; District Clerk duties and I-Docket access; severance; temporary, emergency and ex parte orders; uncontested matters first; assignment of related prosecutions and superseding-indictment numbering (S1, S2); the protocol for trial priority (jury over non-jury, criminal over civil, jailed defendants first, oldest case first, special settings by written reasons, duties of counsel with conflicting settings); court staff; jury impaneling; the ad litem/guardian ad litem/amicus appointment rotation, duties, vouchers within thirty days and objections within thirty days; and courtroom decorum and attire.
The Jim Wells County Court at Law's rules: ad litem, guardian ad litem and amicus appointment lists, qualifications, duties, flat-fee ($275) and hourly ($75–$125) compensation, voucher deadlines and fee objections; rules of administration with the 79th District Court (family-code cases and civil cases between $500 and $250,000 assigned to the County Court at Law); remote non-jury proceedings by Zoom with e-mailed setting requests, Dropbox exhibits and YouTube broadcast; settings, proposed orders, exhibits and courtroom decorum.