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Chapter 8 (Attorney Fees – Default and Uncontested Matters; Rules 8.1 and 8.2): the schedule of attorney fees in default cases and judgments under Code of Civil Procedure section 585(a) - 25 percent under $2,000, then from 20 percent (or $500.00) to 12 percent (or $1,500.00) up to $25,000.00, ten percent (10%) between $25,000.00 and $50,000.00 and five percent (5%) of any additional sum, the plaintiff keeping the right to have the fee fixed by the court (Rule 8.1); and a $450.00 fee to the prevailing party in an unlawful detainer default hearing, with increased fees by motion in unusual cases (Rule 8.2).
California > Sixth Appellate District > Monterey County > Superior Court of California, County of Monterey
CHAPTER 8 ATTORNEY FEES – DEFAULT AND UNCONTESTED MATTERS 8.1 SCHEDULE OF ATTORNEY FEES If the obligation sued upon provides for the recovery of a reasonable attorney's fee, the fee in each default case and in each case where judgment is rendered pursuant to Code of Civil Procedure section 585(a), may be fixed pursuant to the following schedule: Principal Amount of Judgment Attorney's Fee Under $2,000 25 percent Under $2,000.01 to $5,000.00 20 percent or $500.00 – whichever is greater $5,000.01 to $10,000.00 15 percent or $1,000.00 – whichever is greater $10,000.01 to $25,000.00 12 percent or $1,500.00 – whichever is greater On judgments in excess of $25,000.00 the attorney’s fee may be ten percent (10%) of the principal amount between $25,000.00 and $50,000.00, and five percent (5%) of any additional sum. Plaintiff shall have the right, in accordance with Code of Civil Procedure section 585(a), to have the attorney fee fixed by the court in an amount different than as set forth above. (Adopted October 1, 1998) 8.2 REQUEST FOR ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS If the obligation sued upon provides for recovery of reasonable attorney fees, the court may allow a $450.00 fee to the prevailing party in an unlawful detainer default hearing. In unusual cases, attorneys may apply to the court, by motion, for increased fees. (Adopted October 1, 1998; Amended July 1, 2017)
CHAPTER 8 ATTORNEY FEES – DEFAULT AND UNCONTESTED MATTERS 8.1 SCHEDULE OF ATTORNEY FEES If the obligation sued upon provides for the recovery of a reasonable attorney's fee, the fee in each default case and in each case where judgment is rendered pursuant to Code of Civil Procedure section 585(a), may be fixed pursuant to the following schedule: Principal Amount of Judgment Attorney's Fee Under $2
Reviewer note: Composed 2026-10-07 (California T4 Monterey build 2026-10-07) from BenchPath custody ca/t4/ca-monterey/docs/local-rules/local-rules-court_7126.pdf (4421478 bytes, sha256 6cfb26d8558478433c17c16338ee58feefb8ffa50636d888812c530751d033fb; 192 pages; this chapter's rules are pages 100 to 100) with the shared verbatim composer (v2 reflow). Each chapter opens on its own page with its own table of contents (a finding aid, not carded); the running header lines (LOCAL RULES OF COURT; MONTEREY COUNTY SUPERIOR COURT) and the page numbers removed as chrome, the chapter number and name kept once as the card's heading; the cover, the book's table of contents, the alphabetical index and the reserved Chapters 5 and 13 belong to no card; the strike report found no struck text; lines reflowed into the court's paragraphs, each rule heading on its own line; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. Documented layout fixes (read on the page; the proofs hold): the attorney fee schedule set one row per line. Review note: Published as printed (read on the page): the fee schedule's second row reads “Under $2,000.01 to $5,000.00”.
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.