Successfully Defended Two Counties in Lawsuit Challenging Clerk-Recorder Office Fees

Successfully defended two counties in the Third District Court of Appeal in a lawsuit challenging the fees charged by Clerk-Recorder Offices for Official Record Copies under Government Code Section 27366. Interpreting an issue of first impression, the Court of Appeal validated the Counties’ ordinances and determined that the fees recouped the direct and indirect costs necessary to providing the service to the community. These cases have established new precedent accepting a broad-scope definition of direct and indirect costs and empowering counties with discretion in determining the methodology used to calculate user fees.