Barwis

Barwis v. Superior Court

Good Law
150 Cal. Rptr. 758·1978 Cal. App. LEXIS 2177·87 Cal. App. 3d 239
Court of Appeal of CaliforniaDecember 11, 1978Civ. No. 4385California1,196 words

Opinion

Lead Opinion

Brown, J.

*241 Opinion

Petitioners seek, inter alia, a writ of prohibition restraining respondent court from enforcing its order directing them to prepare a reporter’s transcript of an administrative hearing and reserving jurisdiction to fix the amount to be paid for said transcript.

Facts

Real party is the plaintiff in an administrative mandamus proceeding pending before respondent court; petitioners are not parties to that action.

Petitioner Comptrans, Inc., a firm of certified shorthand reporters, was employed by the City of Modesto to transcribe an administrative hearing regarding real party’s employment as a policeman. Petitioner Barwis actually reported the administrative hearing held in April of 1978.

Real party sought a transcript of the administrative hearing from petitioners, but a dispute developed regarding the price thereof. Petitioners requested $4,040 for an original and one copy at $2.80 per page. Real party offered to pay at the rate prescribed by Government Code section 69950.

After a hearing upon real party’s motion for relief regarding the preparation and cost of a transcript, respondent court entered the following minute order on August 22, 1978: “Within 30 days…

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