Solano — Rule 9 – Attorneys’ Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures

Source: https://solano.courts.ca.gov/system/files/general/rule_09_july_2026.pdf

Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures a. RECOVERY OF “REASONABLE” ATTORNEY FEES IN DEFAULT CASES

Except in open book accounts, whenever the obligation sued upon provides for the
recovery of “reasonable” attorney fees and the matter is heard as an unlimited civil
matter, the fees in each default case shall be fixed, based on the principal amount
only, pursuant to the schedule set forth in subsection (d).

(Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988;
amended effective January 1, 2009.)

b. ATTORNEY FEES IN JUDGMENTS ISSUED BY THE CLERK OF THE COURT

Except in open book accounts, in unlimited civil matters where the Clerk of the
Court may issue a Judgment, attorney fees shall be calculated using the schedule
set forth in subsection (d).

(Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.)

c. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES

Any attorney seeking fees in excess of those provided for in subsection (d) shall be
required to apply for a hearing on the Default Calendar and supply an affidavit in
accordance with Code of Civil Procedure section 585.

(Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988.)

d. SCHEDULE OF ATTORNEY FEES

Attorney fees shall be calculated using the following formula:

25% of the first $1,000 (with a minimum of $150)
20% of the next $4,000
15% of the next $5,000
10% of the next $10,000
5% of the next $30,000
2% over $50,000

An example of this calculation appears in Appendix A to Rule 9.

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www.solano.courts.ca.gov July 2026

Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures

(Subd (d) amended effective January 1, 2010; adopted effective May 13, 1988.)

e. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS

The fee schedule set forth in Rule 9.1 shall not apply to unlawful detainer actions,
which are governed by Rule 14.3.

(Subd (e) adopted effective January 1, 2010.)

(Rule 9.1 amended effective January 1, 2012; adopted effective May 13, 1988; amended
effective January 1, 2009, and January 1, 2010.)

9.2 ATTORNEY FEES - LIMITED CIVIL MATTERS

a. ATTORNEY FEES FOR DEFAULT LIMITED CIVIL MATTERS (CCP §585(a))

Except for open book accounts, attorney fees in default limited civil matters shall
be calculated on the principal obligation only per the schedule set forth in
subsection (c), subject to any limitations set forth elsewhere in Rule 9.

(Subd (a) amended effective January 1, 2012; adopted effective May 13, 1988;
amended effective January 1, 2009.)

b. REQUEST FOR FEES IN EXCESS OF SCHEDULED FEES

Any attorney seeking fees in excess of those provided for by the schedule in
subsection (c) is required to apply for a hearing on the Default Calendar or supply
an affidavit in accordance with Code of Civil Procedure section 585(d).

(Subd (b) amended effective January 1, 2009; adopted effective May 13, 1988.)

c. SCHEDULE OF ATTORNEY FEES

Amount Fees
$1.00 to $600.00 $150.00
$600.01 to $1,000.00 $150.00 plus 25% of amount over $600.00
$1,000.01 to $10,000.00 $250.00 plus 15% of amount over $1,000.00
$10,000.01 and above $1,600.00 plus 10% of amount over $10,000.00

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Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures

(Subd (c) amended effective January 1, 2009; adopted effective May 13, 1988;
previously amended effective January 1, 2009.)

d. ATTORNEY FEES IN UNLAWFUL DETAINER ACTIONS

The fee schedule set forth in Rule 9.2 shall not apply to unlawful detainer actions,
which are governed by Rule 14.3.

(Subd (d) amended effective January 1, 2025; adopted effective May 13, 1988;
previously amended effective January 1, 2010.)

(Rule 9.2 amended effective January 1, 2025; previously adopted as unlettered portion of
Rule 9.1 effective May 13, 1988; adopted as Rule 9.2 effective January 1, 2009; previously
amended effective January 1, 2010 and January 1, 2012.)

9.3 OPEN BOOK ACCOUNTS - UNLIMITED AND LIMITED CIVIL

a. ATTORNEY FEES IN OPEN BOOK ACCOUNTS

Subject to subsection (b), attorney fees in all open book accounts shall be calculated
on the principal obligation only pursuant to the following schedule:

Amount Fees
$1.00 to $600.00 $150.00
$600.01 to $1,000.00 $150.00 plus 25% of amount over $600.00
$1,000.01 to $10,000.00 $250.00 plus 15% of amount over $1,000.00
$10,000.01 and above $1,600.00 plus 10% of amount over $10,000.00

(Subd. (a) amended effective January 1, 2025; previously amended effective
January 1, 2012.)

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Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters,
Promissory Notes, Contracts, and Foreclosures

b. MAXIMUM ALLOWABLE ATTORNEY FEES IN OPEN BOOK ACCOUNTS

The maximum fee allowable in open book accounts shall be as set forth in Civil
Code section 1717.5.

(Subd. (b) amended effective July 1, 2016; previously amended effective January
1, 2012.)

(Rule 9.3 amended effective January 1, 2025; adopted effective January 1, 2009; previously

amended effective January 1, 2012 and July 1, 2016.)

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Superior Court of California County of Solano

Rule 9 – Attorney Fees in Default Matters, Promissory Notes, Contracts, and Foreclosures

APPENDIX

9-A: Example of Attorney Fee Calculation per Rule 9.1

Demand of Complaint - $54,000.00

1. 25% of the first $1,000 = $250.00 (the minimum fee of $150 would apply if the amount of the demand was under $1,000) Subtract $1,000 from the total demand of the complaint - $54,000 - $1,000 = $53,000

2. 20% of the next $4,000 = $800 Subtract $4,000 from the remaining balance - $53,000 = $4,000 = $49,000

3. 15% of the next $5,000 = $750 Subtract $5,000 from the remaining balance - $49,000 - $5,000 = $44,000

4. 10% of the next $10,000 = $1,000 Subtract $10,000 from the remaining balance - $44,000 = $10,000 = $34,000

5. 5% of the next $30,000 = $1,500 Subtract $30,000 from the remaining balance - $34,000 = $30,000 = $4,000

6. 2% over $50,000 (this percent should be calculated on any remaining amount, in this instance $4,000) – 2% of $4,000 = $80

Total attorney’s fees: $4,380

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www.solano.courts.ca.gov July 2026