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Prepared By: Melissa C. Marsh, Los Angeles Landlord-Tenant Attorney
Written: May 2012

In California, a prevailing party in an unlawful detainer case is typically entitled to recover the "reasonable" costs of litigation. See California Code of Civil Procedure §1032 and §1033.5. To recover costs, the prevailing party typically must timely submit a verified (signed under penalty of perjury) Memorandum of Costs (Summary) to the court and may also submit the Memorandum of Costs (Worksheet).

The Memorandum of Costs (Summary) must be timely filed with the court within the earlier of 15 days after the clerk's mailing of notice of entry of judgment or dismissal, or the earlier of 15 days after any party's service of such notice or 180 days after entry of judgment. If the memorandum is not timely filed, it will be denied.

So What Costs in a UD Are Recoverable?

By statute, you can ask for reimbursement of the following costs:

1. Filing and motion fees;
2. Jury fees, food and losging;
3. Deposition Costs
4. Service of Process Fees
5. Attachment Costs
6. Models, Blowups and photocopies of Exhibits
7. Witness Fees
8. Expert Witness Fees
9. Court ordered transcripts and
10. Court Reporter Fees
11. Attorney's Fees if provided for by Statute (Rent Stabilization Ordinance) or Contract (Lease)

These costs must be actually incurred. If the other side challenges your request for reimbursement of costs, you will be required to produce receipts.

When Am I Entitled to Attorneys Fees?

In Unlawful Detainers, there is no statutory right under state law for attorneys' fees. That said, if the lease contains an attorney's fee clause, or if you are in a rent controlled unit and your the local rent control ordinance has a provision providing for the recovery of attorney's fees, you may include a request for attorney's fees in your request.

The Reality Check

In most cases, landlords should first focus on getting possession of the property which ultimately is most important. Once possession is had, the Landlord can then decide whether or not it is worth filing the Memorandum of Costs. In making this determination the landlord will need to balance the cost and time to prepare and file the Memorandum of Costs with the likelihood of collecting from tenant.

© 2012 Melissa C. Marsh. All Rights Reserved.