Santos

Introduction

On April 26, 1984, Steven Robert Santos filed a petition for writ of mandate to compel the City of Fresno Civil Service Board to reinstate him as an employee. The city asserted that Santos was an incompetent employee. He contended that he was terminated for racial reasons and in retaliation for political activities.

The city refused to pay the substantial costs for preparing the reporter’s transcript of Santos’s civil service hearings. Santos filed a motion to order transcription of the administrative hearings. The trial court found that Santos was an indigent pursuant to Government Code section 68511.3 and ordered the city to pay the initial transcription costs.

On April 14, 1986, Santos voluntarily dismissed the entire action. Two days later the city attorney filed a judgment in favor of the respondent city which had been signed by the court on April 15, 1986. The city attorney then served and filed a notice of entry of judgment on April 16, 1986. On April 18, 1986, the city attorney served and filed a memorandum of costs for the preparation of the administrative transcript in the amount of $12,301.80.

Santos failed to file a motion taxing costs. On May…