Summers v. Superior Court

PETERS, J.

This is a proceeding to review an order of the Superior Court of Santa Clara County denying petitioner relief relative to a charge made by a court reporter for preparing a transcript on appeal. The sole question involved is whether the trial court had jurisdiction of the controversy in question. We have concluded that it did not.

Petitioner, Russell F. Summers, was the plaintiff in an action filed in the Superior Court of Santa Clara County. In due course, the case was tried, resulting in a judgment for the defendants. Summers appealed, serving and filing, properly, all required notices, including a request for the preparation of the clerk’s and reporter’s transcripts as required by rule 4 of the Rules on Appeal. Respondent Olga Kaye, the court reporter, duly and properly filed with the clerk her estimate of the cost of preparing the reporter’s transcript as provided in that rule. The estimate was $625. This amount was deposited by Summers with the clerk. Thereafter, the reporter prepared the transcript and filed the original and one copy with the clerk, properly certifying the document. In due course, the transcript was filed with the proper District Court of Appeal.

When the reporter filed the transcript with the clerk of the superior court she indicated that the total bill was $680.62.

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The trial court ordered that the $625 on deposit with the clerk be paid to the reporter. It was so paid. The reporter then billed petitioner for the difference between $625 and $680.62.

The petitioner then instituted this proceeding under review. He filed “exceptions” to the reporter’s charges. The main contention was that the reporter was seeking to recover for the cost of preparing the original and two copies of the transcript, whereas petitioner had only ordered the preparation of the original and one copy. It was also claimed that the number of folios for which the charge had been made was overestimated by the reporter.

The trial court held a hearing on the exceptions to the reporter’s charges, and evidence was introduced by both parties. The trial court purported to pass on the merits of the controversy, holding that, while under the rules but one copy of the transcript is to be prepared, in the instant case, there was an implied contract to pay for the second copy, and that there had been no overcharge. The court then entered its order denying the exceptions. Thereupon, petitioner instituted these proceedings to review the validity of that order.