California lawyer costs and court fees
Short answer
California has small claims cases up to $12,500 for individuals; $6,250 for businesses and other entities, a 2-year personal injury filing deadline, a divorce filing fee of $435. Lawyers in California bill an average of $422 an hour in Clio's 2025 data. Below are the verified court fees, deadlines, fee-cap rules and free-help options, each linked to its official source.
California legal costs at a glance
| Small claims limit | $12,500 for individuals; $6,250 for businesses and other entities[1][2][3] |
|---|---|
| Small claims filing fee | $30 up to $1,500; $50 for $1,500.01–$5,000; $75 for $5,000.01–$12,500 (natural persons only); $100 if more than 12 small claims were filed in the past 12 months[1][2][3] |
| Superior Court civil filing fee | $435 unlimited civil (over $35,000); $370 limited civil ($10,000–$35,000); $225 limited civil (up to $10,000). Fees vary in Riverside, San Bernardino and San Francisco because of a courthouse construction surcharge.[3] |
| Divorce filing fee | $435 (petition for dissolution, legal separation or nullity)[3] |
| Personal injury deadline | 2 years (Cal. Code Civ. Proc. §335.1)[4] |
| Attorney fee caps | Medical malpractice (MICRA), Bus. & Prof. Code §6146: 25% if settled before a complaint or arbitration demand is filed; 33% after. The attorney may move for a higher fee if the case is tried or arbitrated (amended by AB 35, eff. 1/1/2023).[5] |
| Average lawyer rate | $422/hour (Clio, 2025 data for California)[6] |
What lawyers charge in California
Clio's Legal Trends data puts the average billed rate in California at $422 per hour, against $349 nationally[6]. That is an average across law firms that use Clio's software, not a quote: rates depend on the practice area, the lawyer's experience and the city.
Illustrative budget at $422/hour (not a quote): a 1-hour consultation ≈ $422; a 5-hour document review ≈ $2,110; a 20-hour contested matter ≈ $8,440, before court fees and expenses. Many lawyers quote flat fees for routine work instead; see hourly vs flat fees.
Small claims court in California
Small claims cases are heard in the Superior Court – Small Claims Division. You can ask for up to $12,500 for individuals; $6,250 for businesses and other entities[1][2][3].
- Filing fee: $30 up to $1,500; $50 for $1,500.01–$5,000; $75 for $5,000.01–$12,500 (natural persons only); $100 if more than 12 small claims were filed in the past 12 months
- Serving the other side: Clerk mailing service under CCP §116.340 costs $15 per defendant.
- Court self-help: California court self-help resources
See how California compares with other states in our 50-state small claims table.
Court filing fees
Superior Court: $435 unlimited civil (over $35,000); $370 limited civil ($10,000–$35,000); $225 limited civil (up to $10,000). Fees vary in Riverside, San Bernardino and San Francisco because of a courthouse construction surcharge.[3]
Divorce: $435 (petition for dissolution, legal separation or nullity)[3] Statewide schedule effective 1/1/2026. Higher in Riverside, San Bernardino and San Francisco because of a local surcharge.
If you cannot afford a filing fee, every state lets you ask the court to waive it; the form is usually called a fee waiver or an application to proceed without paying fees. Our divorce cost guide compares filing fees across states.
Deadlines and attorney fee rules
Personal injury filing deadline: 2 years (Cal. Code Civ. Proc. §335.1)[4]. Exceptions exist (for example for minors, government defendants and medical claims), so check with a lawyer before the deadline gets close.
Contingency and fee caps: Medical malpractice (MICRA), Bus. & Prof. Code §6146: 25% if settled before a complaint or arbitration demand is filed; 33% after. The attorney may move for a higher fee if the case is tried or arbitrated (amended by AB 35, eff. 1/1/2023).[5]
If you disagree with a lawyer's bill: the State Bar of California Mandatory Fee Arbitration Program handles fee disputes between clients and lawyers.
Free and low-cost legal help in California
- Legal aid: LawHelpCA (Legal Aid Association of California). Programs funded by the Legal Services Corporation generally serve households at or below 125% of the federal poverty guidelines; in 2026 that is $19,950 a year for one person and $41,250 for a family of four in the 48 contiguous states[7].
- Lawyer referral: State Bar-certified Lawyer Referral Services — the State Bar certifies independent referral services and links to a directory.
- Before you hire: read what consultations cost and options if you can't afford a lawyer.
Frequently asked questions
What is the small claims limit in California?
$12,500 for individuals; $6,250 for businesses and other entities, in the Superior Court – Small Claims Division.
How much does it cost to file a small claims case in California?
$30 up to $1,500; $50 for $1,500.01–$5,000; $75 for $5,000.01–$12,500 (natural persons only); $100 if more than 12 small claims were filed in the past 12 months Service of the papers usually costs extra.
How long do I have to file a personal injury lawsuit in California?
Generally 2 years (Cal. Code Civ. Proc. §335.1). Exceptions apply, so talk to a lawyer well before the deadline.
How much is the divorce filing fee in California?
$435 (petition for dissolution, legal separation or nullity). Statewide schedule effective 1/1/2026. Higher in Riverside, San Bernardino and San Francisco because of a local surcharge. You can ask the court to waive fees if you cannot afford them.
What can I do if I think my California lawyer overcharged me?
Ask the lawyer for an itemized bill first. If that does not resolve it, the State Bar of California Mandatory Fee Arbitration Program handles fee disputes between clients and lawyers.
Sources
- California Courts Self-Help Guide, Small Claims (checked October 11, 2026)
- California Courts Self-Help Guide, Plaintiff's Claim (checked October 11, 2026)
- Judicial Council, Statewide Civil Fee Schedule (eff. 1/1/2026) (checked October 11, 2026)
- Cal. Code Civ. Proc. §335.1 (Justia) (checked October 11, 2026)
- Cal. Bus. & Prof. Code §6146 (FindLaw) (checked October 11, 2026)
- Clio, Compare Lawyer Rates (2025 Legal Trends data) (checked October 11, 2026)
- Federal Register: LSC income guidelines (2026) (checked October 11, 2026)