CaliforniaCivil actions: filing fees: refunds.
What it does
Existing law provides that a civil action is commenced by filing a complaint by the court. Existing law provides that if a court clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made in an amount less than the required fee or by check that is later returned without payment, the clerk must notify the party who tendered the check that (1) the check was made out for an amount less than the required filing fee or has been returned without payment, whichever is applicable, (2) an administrative charge has been imposed to reimburse the court for the costs of processing the partial payment or returned check and for providing the specified notice, and (3) the party has 20 days from the date of mailing of the notice to pay the filing fee and administrative charge, except as specified. Existing law requires the clerk to void the filing if the party who tendered the returned check or the check in less than the required filing fee has not paid the full amount of the fee and the administrative charge within the 20-day period described above.
More detail
Existing law provides that if the clerk performs a service or issues a document for which a fee is required and payment is made by check that is later returned without payment, the court may order further proceedings suspended as to the party for whom the check was tendered, and shall notify the party who tendered the check that proceedings have been suspended until receipt of payment of the required fee and the administrative charge by specified methods, but not by personal check or traveler's check.
This bill would additionally apply the provisions described above to filing fees paid by credit card, electronic funds transfer, as defined, or any other means approved by the court.
Existing law provides that if an electronic filing is made to the clerk by an electronic filing service provider acting as the agent of the court for purposes of collecting and remitting filing fees, and fees owed to the electronic filing service provider remain unpaid for 5 days after notice to the attorney of record, the court clerk may notify the attorney of record that the attorney of record may be sanctioned for nonpayment of fees. Existing law authorizes the court to sanction the attorney of record if fees to the electronic service provider remain unsatisfied 20 days after notice by the clerk.
This bill would, if the fees to the electronic filing service provider remain unsatisfied 20 days after notice by the clerk, require the clerk to instead refund the electronic filing service provider, and to follow the procedures described above, as specified.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 16Chaptered by Secretary of State - Chapter 91, Statutes of 2026.Latest
- Jul 16Approved by the Governor Gavin Newsom.Became Law
- Jul 15Enrolled and presented to the Governor at 11:15 a.m.To Governor
- Jul 2In Assembly. Ordered to Engrossing and Enrolling.Minor
- Vote recorded Consent Calendar 2nd. Result: pass.Upper
- Jul 2Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5189.).Passed Senate
- Jun 30Read second time. Ordered to Consent Calendar.Minor
- Jun 29From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.Minor
- Jun 17From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 16). Re-referred to Com. on APPR.Minor
- Jun 16
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar. Result: pass.Upper
- May 6Referred to Com. on JUD.Minor
- Apr 23In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 1951 Dixon Consent Calendar Second Day. Result: pass.Lower
- Apr 23Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4795.)Passed Assembly
- Apr 16Read second time. Ordered to Consent Calendar.Minor
- Apr 15From committee: Do pass. To Consent Calendar. (Ayes 13. Noes 0.) (April 15).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 23Re-referred to Com. on APPR.Minor
- Mar 19Read second time and amended.Major
- Mar 18From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (March 17).Major
- Mar 17
- Vote recorded Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Mar 2Referred to Com. on JUD.Minor
- Feb 14From printer. May be heard in committee March 16.
- Feb 13Read first time. To print.Introduced