Hogoboom

I. Introduction

Retired Los Angeles Superior Court Judges William P. Hogoboom, Christian E. Markey, Jr., and Lester E. Olson, three of California’s most distinguished jurists, have filed an original petition for writ of mandate to compel the respondent court to set aside a $110 per party “Family Law Mediation Fee.” The fee is charged in family law and domestic violence matters. We conclude: The Legislature has so fully covered by general law matters relating to fees for family law and domestic violence mediation occurring in conciliation court that it must be considered a matter of state concern; as a result, the Legislature has preempted the right of a superior court to charge fees for family law and domestic violence mediation other than those specifically enumerated by statewide statute; apart from preemption considerations, utilizing traditional rules of statutory interpretation, the fee is violative of Government Code section 68070, subdivision (a)(1); the fee in question is not authorized by Family Code section 3163; and hence, it may not be assessed by the respondent court. As a result, we issue our peremptory writ of mandate enjoining the respondent court from…