Las Canoas Co. v. Kramer

Filed 5/7/13 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE LAS CANOAS COMPANY, INC., 2d Civil No. B238729 (Super. Ct. No. 56-2011-00394830-CU- Plaintiff and Appellant, BT-VTA) (Ventura County) v.

EVELYN HOPE KRAMER et al.,

Defendants and Respondents.

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);1 Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014 (Serrano).) Here we decide that a non-noticing 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.2 The trial court issued an

1 All statutory references are to the Code of Civil Procedure unless otherwise stated. 2 We construe Las Canoas's premature notice of appeal from the order sustaining the demurrer to be a notice of appeal from the appealable judgment subsequently entered. (Collins v. City & Co. of S. F. (1952) 112 Cal.App.2d 719, 723.)

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 action). Las Canoas's attorney requested the court reporter to provide copies of the depositions. The court reporter quoted a rate of $2 per page. The cost would be about $16,000 for 8,000 pages. Las Canoas offered to pay a $30 flat rate in exchange for a computer disc containing uncertified copies of the transcripts and exhibits. The court reporter did not agree. Las Canoas later purchased copies of three depositions at the rate of $2 per page, at a cost of about $1,200. It did not challenge the court reporter's rate in the Santa Barbara action. About four years later, Las Canoas filed this action in Ventura County Superior Court against the court reporter. It alleges that it was entitled to copies at a reasonable rate pursuant to section 2025.510, subdivision (c), and that the court reporter's rates are "unlawful" and "unfair" within the meaning of Business and Professions Code, section 17200 et seq. Las Canoas seeks restitution for excessive fees and an injunction to impose one of four limits on the court reporter's future rate for copies furnished to non-noticing parties: (1) 25 cents per page for paper copies; (2) a $25 flat rate for a computer disc containing electronic copies, regardless of the number of pages; (3) a $15 flat rate for an e-mail transmitting electronic copies, also regardless of the number of pages; or (4) a $35 flat fee for "24/7 online access" to all deposition transcripts and exhibits in any particular case. Las Canoas also requests certification of a class consisting of all non-noticing parties who paid the court reporter more than 25 cents per page for copies in the four years preceding February 2011. It also requests costs of suit and attorney fees under the private attorney general doctrine. (§ 1021.5.)