In Re Plotkin

In this habeas corpus proceeding we are called upon to decide whether a commissioner was properly appointed to hear an order to show cause proceeding, and if so whether he exceeded his jurisdiction in ruling on the contempt which resulted.

Petitioner, Sheldon C. Plotkin, was retained as an expert witness by attorneys for the plaintiff in a cause of action against Datsun Motor Company. No fee was agreed upon and thereafter a dispute arose with respect thereto and as a consequence petitioner refused to give his deposition. Thereafter petitioner responded to an order to show cause on May 19, 1975, before Commissioner Levin, acting as a judge pro tem., pursuant to the application of Datsun and on that date petitioner was ordered to appear and testify on June 26th, 1975. The order also specified that if Datsun and petitioner could not agree on a fee prior to June 26th, petitioner could apply for expert witness fees pursuant to section 68092.5 of the Government Code. The order to show cause was then continued to July 9,- 1975. \At the hearing held on May 19, 1975, petitioner was, as noted above, personally present but he was not represented by counsel and only counsel for…