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Initial Appearace Fee being required in Superior Court
I fax a notice of stay to plaintiff's counsel with a note referencing
the Eskanos case which sets forth the penalties for failure by
plaintiff's counsel to dismiss a pending case when a bankruptcy is filed.
*************************
Mark J. Markus
Law Office of Mark J. Markus
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web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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On 2/10/2010 7:19 PM, Kenneth Schwartz wrote:
>
>
> Why file the notice then? You given notice to Plaintiff's counsel.
> That should be sufficient. I have filed the notices for years, but
> will not do so if an initial appearace fee is required. It's nonsense
>
> Kenneth Jay Schwartz, Esq.
> LAW OFFICE OF KENNETH JAY SCHWARTZ
> 21031 Ventura Boulevard, 12th Floor
> Woodland Hills, California
> 91364-2203
> Telephone: (818)226-1205
> Email: kennethjschwartz@yahoo.com
>
> Sent from my iPhone
>
> On Feb 10, 2010, at 6:33 PM, "Mark Jessee" > wrote:
>
>> FYI to all of you who need to file Notice of Stay of Proceedings for
>> clients with cases pending in the Ventura Superior Court, the Ventura
>> Superior Court Clerk's office has come to the conclusion that it is
>> supposed to charge an initial appearance fee for every case where a
>> Notice of Stay of Proceedings is filed and the debtor has not
>> previously made an appearance in the case. It would be a great deel
>> easier to demand plaintiff's counsel file a Notice of Stay of
>> Proceedings, but as debtor's counsel we are required by LBR 2072-1 to
>> file such notice in our cases. The clerk's office takes the position
>> that there is no CA statute or rule preventing an initial appearance
>> fee from being charged for filing a Notice of Stay of Proceedings and
>> that as such none will be accepted for filing from debtor's counsel
>> without payment of the $355 initial appearance filing fee. I do not
>> view filing a notice of stay as an appearance in the case but as
>> notifying the Superior Court as required by US Bankruptcy Court that
>> the Superior Court cannot exercise jurisdiction over the debtor
>> because of the automatic stay. I have had this issue arise
>> intermittently over the course of the last few years with individual
>> deputy clerks but now the Ventura Sup. Court Clerk's office appears
>> to have uniformly applied this position. I've been at this for 10
>> days with them and am working my way up the chain of command, but it
>> has been a challenge with people on vacation, sick, etc..... So far I
>> have not had clients with pending wage garnishments or levy's going
>> on which need to be stopped (the Sheriff generally requests a
>> conformed copy of a filed Notice of Stay), but that is just a matter
>> of time. Any suggestions are welcome!
>>
>> Mark Jessee
>>
>
>
>
The post was migrated from Yahoo.