Summary
In California, defendants in unlawful detainer cases can recover costs like filing fees, service fees, and court reporter fees. Discretionary costs, such as parking and printer ink, are generally not recoverable. Recoverable costs are outlined in the California Code of Civil Procedure and include deposition costs, witness fees, and necessary document costs. Loss of work and wages are not typically included in a memorandum of costs but can be claimed as damages in a separate civil action. If a registered agent is unavailable for service, alternative methods like serving an officer or seeking court permission for alternative service can be pursued.Full Conversation
memorandum of costs able to ask for by an in pro per defendant against plaintiff landlord in unlawful detainer
Hi ****! In California, as an in pro per defendant in an unlawful detainer case, you can generally ask for the following costs in your memorandum of costs:
- Filing fees
- Service of process fees
- Court reporter fees
- Costs of obtaining necessary documents
Is there anything specific you need more information on?
can you recoup discretionary costs such as parking fees and printer ink costs?
In California, discretionary costs like parking fees and printer ink are generally not recoverable in a memorandum of costs. Recoverable costs are usually limited to those explicitly listed under the California Code of Civil Procedure.
Is there any other aspect of your case you'd like more information on?
what are costs listed under the California Code of Civil Procedure?
Under the California Code of Civil Procedure, recoverable costs include:
- Filing fees
- Service of process fees
- Court reporter fees
- Deposition costs
- Witness fees
- Costs of obtaining necessary documents
- Jury fees
Would you like more details on any specific cost?
Costs of obtaining necessary documents
Hi ****! In California, the costs of obtaining necessary documents in an unlawful detainer case can include:
- Copying fees
- Costs for certified copies of court documents
- Fees for obtaining necessary records from government agencies
Would you like more details on any specific type of document cost?
more details on document cost
Hi ****! Here are some more details on document costs in an unlawful detainer case in California:
- Copying Fees: Fees for making copies of documents required for the case.
- Certified Copy Fees: Costs for obtaining certified copies of court documents.
- Record Retrieval Fees: Costs for obtaining necessary records from government agencies or other entities.
Is there anything specific you need more information on or another aspect of your case you'd like to discuss?
example of a memorandum of costs that includes document copy fees and travel/parking expenses
Hi ****! Here's an example of a memorandum of costs that includes document copy fees and travel/parking expenses:
---
MEMORANDUM OF COSTS (SUMMARY)
Case Name: [Your Case Name]
Case Number: [Your Case Number]
Court: [Name of the Court]
Costs Claimed:
*. Filing Fees:
- Initial Filing Fee: $[amount]
*. Service of Process Fees:
- Service of Complaint: $[amount]
*. Court Reporter Fees:
- Transcript Fees: $[amount]
*. Deposition Costs:
- Deposition Transcript: $[amount]
*. Witness Fees:
- Witness Fees: $[amount]
*. Costs of Obtaining Necessary Documents:
- Copying Fees: $[amount]
- Certified Copy Fees: $[amount]
- Record Retrieval Fees: $[amount]
*. Travel/Parking Expenses (Discretionary):
- Travel and Parking: $[amount]
Total Costs Claimed: $[total amount]
---
Would you like help with something else?
what are other fees that have been requested in California cases?
Hi ****! Other fees that have been requested in California cases include:
- Expert witness fees
- Interpreter fees
- Costs for models, blow-ups, and photocopies of exhibits
- Fees for electronic filing or service
Is there a specific fee you'd like more information on?
fees that are acceptable for an In Pro Per self-representing person to recover costs of?
Hi ****! As an in pro per self-representing person in California, you can generally recover the following costs:
- Filing fees
- Service of process fees
- Court reporter fees
- Deposition costs
- Witness fees
- Copying fees
- Certified copy fees
- Record retrieval fees
- Jury fees
Is there a specific cost you're curious about?
what are record retrieval fees?
Record retrieval fees cover the costs associated with obtaining necessary records from government agencies or other entities. These fees can include:
- Search fees
- Copying fees for the documents
- Certification fees if certified copies are required
Do you need more details on any specific type of record retrieval fee?
yes
Hi ****! Record retrieval fees can vary based on the agency or entity from which you are obtaining the records. Typical costs include:
- Search fees: Charges for locating the records.
- Copying fees: Costs for making copies of the documents.
- Certification fees: Fees for certifying the documents, if necessary.
Do you need more details on any specific type of record retrieval fee?
can you recoup costs for travel and parking expenses in obtaining records?
In California, travel and parking expenses incurred in obtaining records are generally considered discretionary and are not typically recoverable in a memorandum of costs. Recoverable costs are usually limited to those explicitly listed under the California Code of Civil Procedure.
Do you need information on any other recoverable costs?
how would you draw up a memo of costs for obtaining necessary documents, copying fees for the necessary documents
Hi ****! Here's an example of how to draw up a memorandum of costs for obtaining necessary documents and copying fees:
---
MEMORANDUM OF COSTS (SUMMARY)
Case Name: [Your Case Name]
Case Number: [Your Case Number]
Court: [Name of the Court]
Costs Claimed:
*. Costs of Obtaining Necessary Documents:
- Copying Fees: $[amount]
- Certified Copy Fees: $[amount]
- Record Retrieval Fees: $[amount]
Total Costs Claimed: $[total amount]
---
Would you like help with something else?
what are some unusual costs that have been allowed in an unlawful detainer case?
Hi ****! Here are some unusual costs that have been allowed in unlawful detainer cases in California:
- Interpreter fees for non-English speaking parties
- Costs for electronic filing or service
- Fees for models, blow-ups, and photocopies of exhibits
- Expert witness fees
Do you need more details on any of these costs?
can you get loss of work fees in memo of costs?
Hi ****! In California, loss of work fees are typically not recoverable in a memorandum of costs. Recoverable costs are usually limited to those explicitly listed under the California Code of Civil Procedure.
Is there any other aspect of your case you'd like to discuss?
is there anything in the CCP that would allow for a recoup of loss of wages in unlimited civil case>
Hi ****! Under the California Code of Civil Procedure, you can potentially recover loss of wages in an unlimited civil case as a part of damages if you can prove that the loss was directly related to the other party's actions. It isn't typically claimed in a memorandum of costs.
Do you need more information on how to claim this in your case?
post trial judgement in favor of tenant allows for what expenses and or losses to be paid out whether or not ruled in judgement?
Hi ****! In California, a post-trial judgment in favor of a tenant can allow for the recovery of certain expenses and losses, whether or not explicitly ruled in the judgment. These can include:
- Rent overpayments
- Security deposit refunds
- Attorney's fees (if applicable)
- Court costs
- Damages for wrongful eviction
Is there a specific expense or loss you are curious about?
how do you recoup rent overpayments?
Hi ****! To recoup rent overpayments in California, follow these steps:
- Document the Overpayment: Gather all receipts, bank statements, and rental agreements.
- Written Request: Send a formal letter to your landlord requesting the refund of overpaid rent.
- Small Claims Court: If the landlord refuses, you can file a claim in small claims court.
Would you like more details on how to file a claim in small claims court?
loss of work and wages
Hi ****! Loss of work and wages can be claimed as damages in an unlimited civil case in California if you can prove that the loss was directly caused by the other party's actions. It's typically not included in a memorandum of costs but claimed as part of damages in your complaint.
Would you like more information on how to document and prove these losses?
in unlawful detainer not usually included in damages or judgement how can the tenant request costs and loss work?
Hi ****! In an unlawful detainer case, you generally can't claim loss of work directly. However, you can:
- File a counterclaim for damages in your answer to the unlawful detainer complaint.
- Document and present evidence of your lost wages and other related costs.
Would you like more details on how to file a counterclaim?
can not file a counterclaim in california unlawful detainer
Hi ****! In California, while you can't file a counterclaim in an unlawful detainer, you can file a separate civil action to recover losses like lost wages and other damages.
Would you like more information on how to initiate a separate civil lawsuit?
in california if registered agent for receiving service of process is not making themselves available how can service be made alternatively?
Hi ****! If a registered agent in California is not available for service of process, you can serve the corporation by:
- Serving an officer or other authorized agent of the corporation.
- Substituted service, such as leaving the documents with an appropriate person at the corporation’s office.
- Service by mail with a return receipt requested.
Would you like more details on any of these methods?
substituted service of the registered agent
Hi ****! Substituted service in California can be done if the registered agent is unavailable. Here are the steps:
- Attempt personal service at the agent's usual address.
- If unsuccessful, leave the documents with a competent person at the address.
- Mail a copy of the documents to the same address.
Would you like more details on how to conduct substituted service?
yes, when the registered agent is for an LLC?
Hi ****! For substituted service on a registered agent for an LLC in California, follow these steps:
- Attempt personal service at the registered agent's address.
- If unsuccessful, leave the documents with a competent person (* or older) at the address.
- Mail a copy of the documents to the same address by first-class mail.
Would you like more details on any specific step?
what is considered a competent person when leaving documents at an address?
Hi ****! In California, a "competent person" for substituted service is someone who:
- Is at least 18 years old
- Appears to be reasonably responsible
- Is likely to ensure the documents reach the intended recipient
Would you like more details on any other aspect of substituted service?
if no one makes themselves available at an office of registered agent can papers be left at front desk of commercial building receptionist?
Hi ****! If no one is available at the office of the registered agent, you generally cannot leave the papers with a receptionist at the front desk. You must follow specific legal procedures for service of process.
Would you like guidance on the next steps you should take?
yes
Hi ****! If no one is available at the office of the registered agent, you can consider the following steps:
- Attempt Service on an Officer: Try serving an officer or another authorized agent of the LLC.
- Seek Court Permission: File a motion with the court to permit an alternative method of service.
Would you like more details on how to file a motion for alternative service?
yes
Hi ****! To file a motion for alternative service in California, follow these steps:
- Prepare the Motion: Draft a motion detailing your attempts to serve and reasons for alternative service.
- File with the Court: Submit the motion to the court where your case is being heard.
- Attend Hearing: Be prepared to explain your situation if a hearing is scheduled.
Would you like help with drafting the motion?
yes
Hi ****! To draft a motion for alternative service, follow these key points:
- Caption: Include the court name, case number, and parties involved.
- Introduction: Briefly state your request for alternative service.
- Attempts Summary: Detail your attempts to serve the registered agent.
- Proposed Method: Explain your proposed alternative method of service.
- Legal Basis: Cite relevant legal statutes or case law supporting your request.
- Conclusion: Request the court grant your motion for alternative service.
Would you need more help with any specific section of the motion?
what would the introduction look like
Hi ****! Here's an example of how the introduction of your motion for alternative service might look:
---
SUPERIOR COURT OF CALIFORNIA, COUNTY OF [Your County]
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Case Number: [Your Case Number]
---
INTRODUCTION
Plaintiff [Your Name] hereby requests the Court to grant an order permitting alternative service of process on Defendant [Defendant's Name]. Despite diligent efforts, Plaintiff has been unable to personally serve the registered agent of the Defendant.
---
Would you like more details on the next section?
yes
~Caption Example:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF [Your County]
Plaintiff: [Your Name]
Defendant: [Defendant's Name]
Case Number: [Your Case Number]
~Introduction Example:
INTRODUCTION
Plaintiff [Your Name] hereby requests the Court to grant an order permitting alternative service of process on Defendant [Defendant's Name]. Despite diligent efforts, Plaintiff has been unable to personally serve the registered agent of the Defendant.
---
Would you like help with the Attempts Summary section next?
yes
~Attempts Summary Example:
---
ATTEMPTS SUMMARY
*. Date and Time of Attempt *: [Detail the date, time, and location of your first attempt to serve the registered agent and the outcome.]
*. Date and Time of Attempt *: [Detail the date, time, and location of your second attempt to serve the registered agent and the outcome.]
*. Date and Time of Attempt *: [Detail the date, time, and location of your third attempt to serve the registered agent and the outcome.]
*. Additional Attempts: [Any other attempts made, including times, dates, and outcomes.]
Despite these efforts, service has not been successful.
---
Would you like help with the Proposed Method section next?
yes
~Proposed Method Example:~
---
PROPOSED METHOD
Plaintiff requests permission to serve Defendant through the following alternative method:
*. Method Description: [Describe the alternative method, such as service by mail, posting at the registered agent's address, or another method.]
*. Rationale: Due to the inability to serve the registered agent in person after multiple attempts, this method ensures Defendant receives notice of the legal proceedings.
---
Would you like assistance with the Legal Basis section next?
yes
~Legal Basis Example:~
---
LEGAL BASIS
Under California Code of Civil Procedure §*.*, when the court determines that service by personal delivery cannot be made with reasonable diligence, it may order that the service be made in a manner which is reasonably calculated to give actual notice to the party to be served. Plaintiff has made several diligent attempts to serve the registered agent without success. Therefore, Plaintiff requests that the Court allow alternative service as described above.
---
Would you like help with the Conclusion section next?
yes
Hi ****! Here's an example of how the conclusion might look:
---
CONCLUSION
For the reasons stated above, Plaintiff [Your Name] respectfully requests that the Court grant an order permitting alternative service of process on Defendant [Defendant's Name] by [describe the proposed method].
---
Would you like any further assistance with this motion?
yes
~Conclusion Example:~
---
CONCLUSIONFor the reasons stated above, Plaintiff respectfully requests that the Court grant an order permitting alternative service of process on Defendant [Defendant's Name] by [describe your proposed alternative method], as Plaintiff has been unable to personally serve the registered agent despite diligent efforts.
Dated: [Date]
[Your Name]
[Your Signature]
---
Would you like any more details or help with anything else?
if the registered agent is also a lawyer can service be made at the law firm office of the agent?
Hi ****! Yes, if the registered agent is also a lawyer, you can serve process at their law firm office. This is considered a valid location for service in California.
Would you like further details on serving at a law firm or any other aspect of your case?
yes
Hi ****! To serve process at the law firm office of a registered agent who is a lawyer, follow these steps:
- Identify the Law Firm's Address: Ensure you have the correct address of the law firm.
- Attempt Personal Service: Go to the law firm and attempt to personally serve the registered agent.
- Leave with Competent Person: If the registered agent is unavailable, leave the documents with a competent person, such as a receptionist or office manager.
- Mail a Copy: Follow up by mailing a copy of the documents to the law firm.
Would you like more details on any of these steps or any other aspect of your case?
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