California Court: $75 Fee Charged by Notary Was Not Excessive

Plaintiff refinanced his home. The transaction went through an escrow in which a $75 fee was charged to notarized two documents. Plaintiff brought a class-action suit arguing Government Code section 8211 allows notary to charge $10 per signature for “taking an acknowledgment,” so the $75 fee was excessive. Trial court granted summary judgment in favor of the notary. The California Court of Appeal for the Fifth District affirmed: Since the notary provided other service (e.g. travelling, answering questions) the notary could charge more than $10 per signature.
Robin Mashal
Los Angeles, California
Commercial Litigation
(310) 286-2000

I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.