Kramer
Las Canoas Co. v. Kramer
Opinion
Opinion
Gilbert, J.
A trial court has statutory authority to determine the “reasonable rate” a court reporter may charge a “non-noticing party” for copies of deposition transcripts in a pending action. (Code Civ. Proc., §§ 2025.510, 128, subd. (a)(5); Serrano v. Stefan Merit Plastering Co., Inc. (2008) 162 Cal.App.4th 1014 [ 76 Cal.Rptr.3d 559 ] (Serrano).) Here we decide that a nonnoticing party who does not move for such an order in the pending action may not bring a subsequent action to obtain restitution for “unreasonable” copy charges or obtain injunctive relief setting a ‘‘reasonable rate” to be charged by that court reporter in all future actions.
The Las Canoas Company, Inc., doing business as Construction Plumbing (Las Canoas), appeals a judgment of dismissal. The trial court issued an order sustaining a demurrer without leave to amend a class action filed by Las Canoas against Evelyn Hope Kramer, Merrill Communications, LLC, Legalink, Inc., and Wordwave, Inc. (collectively, the court reporter). We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In a prior construction defect case, the plaintiffs added Las Canoas as a defendant after 57 depositions had been taken (the Santa Barbara…