Seeking Lower Rates From A Court Reporter Must Be Done In Original, Not A New, Action.

In a construction defect action, the plaintiff added a defendant to the action after 57 depositions had been taken. The new defendant requested copies of those 57 depositions, and the court reporter quoted $2 per page, or $16,000. The new defendant offered to pay $30 flat rate in exchange for a computer disc containing uncertified copies of the transcripts and exhibits. The court reporter declined the offer, so the new defendant purchased copies of three depositions at the rate of $2 per page, or $1,200. It did not challenge the court reporter’s fee in that action. Four years later, the new defendant filed another action in superior court against the court reporter seeking restitution, alleging it was entitled to copies at a reasonable rate pursuant to Code of Civil Procedure section 2025.510 (c) and Business and Professions Code section 17200. The trial court sustained the court reporter’s demurrer without leave to amend. On appeal, the appellate court affirmed the dismissal, stating:  “Reserving the issue to be subsequently determined by another judge would undermine the discretion vested in the original trial judge to control proceedings in his or her courtroom.” The Las Canoas Company, Inc. v. Evelyn Hope Kramer  (Cal. App. Second Dist., Div. 8; May 7, 2013) 216 Cal.App.4th 96.