Van De Kamp, 030184 CAAGO, AGO 83-704

Docket Nº:AGO 83-704
Case Date:March 01, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
ANTHONY S. DA VIGO Deputy Attorney General
AGO 83-704
No. 83-704
California Attorney General Opinion
Office of the Attorney General State of California
March 1, 1984
         THE HONORABLE LLOYD G. CONNELLY, MEMBER OF THE CALIFORNIA STATE ASSEMBLY, has requested an opinion on the following question:          Is a fee for filing the first paper on behalf of a defendant or respondent in a civil action required for the filing of a stipulation to modify a marital settlement agreement incorporated in a default interlocutory decree of dissolution of marriage?          CONCLUSION          A fee for filing the first paper on behalf of a defendant or respondent in a civil action is required for the filing of a stipulation to modify a marital settlement agreement incorporated in a default interlocutory decree of dissolution of marriage.          ANALYSIS          Government Code section 26826 provides as follows:
         "The total fee for filing the first paper in the action on behalf of any defendant, intervenor, respondent, or adverse party, whether separately or jointly, except for the purpose of making disclaimer shall be the sum fixed by resolution adopted pursuant to Section 68090, which shall not exceed the following maximum amounts:          "(1) In any county where a fee is collected for the court reporter fund, the total fees shall not exceed sixty-three dollars ($63).          "(2) In any county where a fee is not collected for the court reporter fund, the total fee shall not exceed thirty-five dollars ($35).          "As used in this section the work 'paper' does not include a stipulation for the appointment of a judge pro tempre or of a court investigator or the report made by the investigator or the declaration of a spouse filed in an order to show cause proceeding or a marital settlement agreement which is signed by a defaulted respondent and intended for incorporation in a proposed interlocutory decree of dissolution of marriage." (Emphases added.)
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