Marsh

John C. Stevenson (Stevenson) appeals a trial court order granting a motion by Mountain Zephyr, Inc., doing business as Crain Co., and Myron Crain (together Crain) to set the hourly fee Crain must pay to Stevenson for Stevenson’s deposition testimony as an expert witness for an opposing party. Stevenson was designated as an expert witness by M. Lou Marsh (Marsh) in Marsh’s construction defect action against Crain and others. Stevenson contends Code of Civil Procedure section 2034, subdivision (i) precludes the court from establishing the “reasonable” fee that Crain must pay for Stevenson’s deposition testimony at an amount lower than his “customary” fee of $360 per hour. He further contends rule 1.5.6(b) of division II of the San Diego County Superior Court Rules was erroneously considered by the court and violated his constitutional due process and equal protection rights. We conclude Stevenson has standing to appeal and that the order is an appealable order. We affirm the trial court’s order setting at $250 per hour Stevenson’s deposition testimony fee payable by Crain.

I

Factual and Procedural Background

On July 5, 1994, Marsh filed an action for construction defect…