Townzen

Pursuant to Government Code section 26826, subdivision (a), “The total fee for filing the first paper in the action on behalf of any defendant, . . . whether separately or jointly, . . . shall be one hundred eighty-two dollars ($182).”

Plaintiff Stephen R. Townzen appeals from an order which, among other things, authorized eleven named defendants—seven of whom jointly filed a demurrer and four of whom jointly filed a motion to quash—each to recover as litigation costs an initial filing fee of $182, for a total of $2,002. He argues that the plain language of Government Code section 26826, subdivision (a), (hereafter § 26826(a)) demonstrates the Legislature intended that defendants jointly filing their first responsive paper shall collectively incur a single filing fee of $182. Defendant, the County of El Dorado (County), responds that section 26826(a), properly construed, requires that defendants jointly filing their first responsive paper must each pay a filing fee of $182. There is support in the language of section 26826(a) for the position of each side.

County has called our attention to legislative history which, when considered with the statutory scheme of which…