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Attorney fees in default matters: the recovery of reasonable attorney fees in unlimited civil default cases (9.1); the attorney fees for default limited civil matters under CCP §585(a) (9.2); and attorney fees in open book accounts, unlimited and limited (9.3); with Appendix 9-A, an example of the attorney fee calculation per Rule 9.1.
California > First Appellate District > Solano County > Superior Court of California, County of Solano
Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures 9.1 ATTORNEY FEES - UNLIMITED CIVIL MATTERS a. RECOVERY OF “REASONABLE” ATTORNEY FEES IN DEFAULT CASES Except in open book accounts, whenever the obligation sued upon provides for the recovery of “reasonable” attorney fees and the matter is heard as an unlimited civil matter, the fees in each default case shall be fixed, based on the principal amount only, pursuant to the schedule set forth in subsection (d). (Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988; amended effective January 1, 2009.) b. ATTORNEY FEES IN JUDGMENTS ISSUED BY THE CLERK OF THE COURT Except in open book accounts, in unlimited civil matters where the Clerk of the Court may issue a Judgment, attorney fees shall be calculated using the schedule set forth in subsection (d). (Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.) c. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES Any attorney seeking fees in excess of those provided for in subsection (d) shall be required to apply for a hearing on the Default Calendar and supply an affidavit in accordance with Code of Civil Procedure section 585. (Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988.) d. SCHEDULE OF ATTORNEY FEES Attorney fees shall be calculated using the following formula: 25% of the first $1,000 (with a minimum of $150) 20% of the next $4,000 15% of the next $5,000 10% of the next $10,000 5% of the next $30,000 2% over $50,000 An example of this calculation appears in Appendix A to Rule 9. (Subd (d) amended effective January 1, 2010; adopted effective May 13, 1988.) e. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS The fee schedule set forth in Rule 9.1 shall not apply to unlawful detainer actions, which are governed by Rule 14.3. (Subd (e) adopted effective January 1, 2010.) (Rule 9.1 amended effective January 1, 2012; adopted effective May 13, 1988; amended effective January 1, 2009, and January 1, 2010.) 9.2 ATTORNEY FEES - LIMITED CIVIL MATTERS a. ATTORNEY FEES FOR DEFAULT LIMITED CIVIL MATTERS (CCP §585(a)) Except for open book accounts, attorney fees in default limited civil matters shall be calculated on the principal obligation only per the schedule set forth in subsection (c), subject to any limitations set forth elsewhere in Rule 9. (Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988; amended effective January 1, 2009.) b. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES Any attorney seeking fees in excess of those provided for by the schedule in subsection (c) is required to apply for a hearing on the Default Calendar or supply an affidavit in accordance with Code of Civil Procedure section 585(d). (Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.) c. SCHEDULE OF ATTORNEY FEES Amount Fees $1.00 to $600.00 $150.00 $600.01 to $1,000.00 $150.00 plus 25% of amount over $600.00 $1,000.01 to $10,000.00 $250.00 plus 15% of amount over $1,000.00 $10,000.01 and above $1,600.00 plus 10% of amount over $10,000.00 (Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988; previously amended effective January 1, 2009.) d. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS The fee schedule set forth in Rule 9.2 shall not apply to unlawful detainer actions, which are governed by Rule 14.3. (Subd (d) amended effective January 1, 2025; adopted effective May 13, 1988; previously amended effective January 1, 2010.) (Rule 9.2 amended effective January 1, 2025; previously adopted as unlettered portion of Rule 9.1 effective May 13, 1988; adopted as Rule 9.2 effective January 1, 2009; previously amended effective January 1, 2010 and January 1, 2012.) 9.3 OPEN BOOK ACCOUNTS - UNLIMITED AND LIMITED CIVIL a. ATTORNEY FEES IN OPEN BOOK ACCOUNTS Subject to subsection (b), attorney fees in all open book accounts shall be calculated on the principal obligation only pursuant to the following schedule: Amount Fees $1.00 to $600.00 $150.00 $600.01 to $1,000.00 $150.00 plus 25% of amount over $600.00 $1,000.01 to $10,000.00 $250.00 plus 15% of amount over $1,000.00 $10,000.01 and above $1,600.00 plus 10% of amount over $10,000.00 (Subd. (a) amended effective January 1, 2025; previously amended effective January 1, 2012.) b. MAXIMUM ALLOWABLE ATTORNEY FEES IN OPEN BOOK ACCOUNTS The maximum fee allowable in open book accounts shall be as set forth in Civil Code section 1717.5. (Subd. (b) amended effective July 1, 2016; previously amended effective January 1, 2012.) (Rule 9.3 amended effective January 1, 2025; adopted effective January 1, 2009; previously amended effective January 1, 2012 and July 1, 2016.) APPENDIX 9-A: Example of Attorney Fee Calculation per Rule 9.1 Demand of Complaint - $54,000.00 1. 25% of the first $1,000 = $250.00 (the minimum fee of $150 would apply if the amount of the demand was under $1,000) Subtract $1,000 from the total demand of the complaint - $54,000 - $1,000 = $53,000 2. 20% of the next $4,000 = $800 Subtract $4,000 from the remaining balance - $53,000 = $4,000 = $49,000 3. 15% of the next $5,000 = $750 Subtract $5,000 from the remaining balance - $49,000 - $5,000 = $44,000 4. 10% of the next $10,000 = $1,000 Subtract $10,000 from the remaining balance - $44,000 = $10,000 = $34,000 5. 5% of the next $30,000 = $1,500 Subtract $30,000 from the remaining balance - $34,000 = $30,000 = $4,000 6. 2% over $50,000 (this percent should be calculated on any remaining amount, in this instance $4,000) – 2% of $4,000 = $80 Total attorney’s fees: $4,380
Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures 9.1 ATTORNEY FEES - UNLIMITED CIVIL MATTERS a. RECOVERY OF “REASONABLE” ATTORNEY FEES IN DEFAULT CASES Except in open book accounts, whenever the obligation sued upon provides for the recovery of “reasonable” attorney fees and the matter is heard as an unlimited civil matter, the fees in each default case shal
Reviewer note: Composed 2026-10-09 (California T4 Solano build 2026-10-09) from BenchPath custody ca/t4/ca-solano/docs/general/complete_set_of_local_rules_july_2026.pdf (the court's rule book, “Local Court Rules”, revised July 1, 2026, as fetched 2026-10-09; 7347859 bytes, sha256 f235df4f2c4c47b9c4e290445ffa2be1b5ad4302da615570c85a49e5138357e7; 350 pages) with the shared verbatim composer (v2 reflow) over Rules 1 to 20 (their pages between PDF pages 15 and 323), each rule composed alone from its first page to its last, in segments that start where a part's or an appendix's heading first prints: each page's running header (“Superior Court of California” and “County of Solano”, then the rule's title and the current part or appendix, kept where each first prints) and footer (the page number, the court's website address and “July 2026”) removed as chrome; lines reflowed into the rules' paragraphs; 44 whitespace-only fixes (build/book-fixes.json: thirteen breaks the reflow made before a wrapped “Rule N.N” citation rejoined, two form numbers broken after their hyphen rejoined, and twenty-nine heading, history note, paragraph, list, table row and address breaks it ran together set back; the short-line and vertical-gap audits find no joined break left); the scanned appendices (the standing orders printed in the appendices of Rules 5, 6 and 17, and the weapons order printed again after the forms index) left out and decided as documents - the strike report's 14 struck runs all lie on those scanned pages; proof 1 (whitespace-only) and proof 2 (same character multiset as the text layer minus chrome) pass. The cover, the revision history, the table of contents, the dividers and the indexes belong to no rule.
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.