Burd v. Barkley Court Reporters, Inc.

225 Cal. Rptr. 3d 860, 17 Cal. App. 5th 1037
CourtCalifornia Court of Appeal, 5th District
DecidedNovember 29, 2017
DocketB271694
StatusPublished
Cited by15 cases

This text of 225 Cal. Rptr. 3d 860 (Burd v. Barkley Court Reporters, Inc.) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burd v. Barkley Court Reporters, Inc., 225 Cal. Rptr. 3d 860, 17 Cal. App. 5th 1037 (Cal. Ct. App. 2017).

Opinion

CHAVEZ, J.

*1040Plaintiff and appellant Tara R. Burd (plaintiff) appeals from the judgment entered in favor of defendant and respondent Barkley Court Reporters, Inc. (defendant) after the trial court granted defendant's motion for judgment on the pleadings in this putative class action for charging excessive court transcription fees, in violation of *1041Government Code sections 69950 and 69954.1 The trial court concluded that the statutory transcription rates apply only to official court reporters employed by the superior court and do not apply to private reporters retained by a party to serve as official reporters pro tempore in a court proceeding.

We hold that the statutory transcription rates prescribed by sections 69950 and 69954 apply to any court reporter producing a transcript of a civil court proceeding, regardless of whether the reporter is employed by the superior court or privately retained by a party. We therefore reverse the judgment.

BACKGROUND

Plaintiff is an attorney with her own law firm. Defendant is a California corporation *862that provides certified shorthand reporting services.

Plaintiff retained defendant to serve as an official court reporter pro tempore at a June 27, 2013 hearing in the Los Angeles County Superior Court. Plaintiff requested a transcript of the hearing and paid defendant approximately $587 for the hearing transcript. The charges included a $6.10 per page fee for the transcript, a $250 half-day per diem, $20 for a PDF copy of the transcript and exhibits, $20 for delivery of the original transcript, and a $42 fee for transcript production.

Plaintiff filed the instant action against defendant on May 30, 2014 alleging two causes of action: violation of sections 69950 and 69954, and violation of the California Unfair Competition law ( Bus. & Prof. Code, § 17200 et seq. ) predicated on violations of sections 69950 and 69954. Plaintiff sought, on behalf of herself and others similarly situated, declaratory relief, damages, fees, and costs.

Defendant filed a motion for judgment on the pleadings, arguing that the statutory transcription rates set forth in sections 69950 and 69954 apply only to official reporters employed by the courts, and not to privately retained certified shorthand reporters who serve as official reporters pro tempore.

Following a January 8, 2016 hearing at which the parties presented their arguments, the trial court granted defendant's motion as to all causes of action. Judgment was subsequently entered in defendant's favor, and this appeal followed.

*1042DISCUSSION

I. Standard of review

"The standard of review for a motion for judgment on the pleadings is the same as that for a general demurrer: We treat the pleadings as admitting all of the material facts properly pleaded, but not any contentions, deductions or conclusions of fact or law contained therein. ... We review the complaint de novo to determine whether it alleges facts sufficient to state a cause of action under any theory. [Citation.]" ( Dunn v. County of Santa Barbara (2006) 135 Cal.App.4th 1281, 1298, 38 Cal.Rptr.3d 316.)

II. Statutory framework

The Government Code identifies two categories of persons who may perform the duties of a court reporter in the superior court: official reporters and official reporters pro tempore. (§ 69941.) Section 69941 provides: "A superior court may appoint as many competent phonographic reporters, to be known as official reporters of such court, and such official reporters pro tempore, as are deemed necessary for the performance of the duties and the exercise of the powers conferred by law upon the court and its members."

An official reporter is an employee of the superior court. (§ 69956 [describing duties and setting compensation of official reporters]; Los Angeles v. Vaughn (1961) 55 Cal.2d 198, 200, 10 Cal.Rptr. 457, 358 P.2d 913 [official reporter acts as officer and employee of superior court when preparing reporter's transcript of civil trial for persons entitled to request such transcripts].) An official reporter pro tempore may be either a court employee or a certified shorthand reporter privately retained by a party if an official reporter is not available. (See Cal. Law Revision Com. com. 2002 Amend., 36G West's Ann. Gov. Code (2009) foll. § 69941, p. 332 [indicating that official reporters pro tempore appointed pursuant to section 69941 may or may not be employees of the court]; Cramer v. Superior Court (2005) 130 Cal.App.4th 42, 29 Cal.Rptr.3d 673 [lawsuit brought by official court reporters and *863court reporters pro tempore employed by the Los Angeles Superior Court]; § 68086, subd. (d)(2); Cal. Rules of Court, rule 2.956(c) ( rule 2.956(c) ).)2 *1043Persons serving as official reporters or as official reporters pro tempore must do so under appointment by the superior court.3 ( § 69941 ; see Los Angeles Superior Court Policy Regarding Normal Availability of Official Reporters and Privately Arranged Court Reporters.)4 The statutes authorizing the superior court to appoint official reporters and official reporters pro tempore are set forth in the Government Code under title 8, chapter 5, article 9 (article 9).

Article 9 also prescribes the fees court reporters may receive for their services. Section 69947 provides: "Except in counties where a statute provides otherwise, the official reporter shall receive for his services the fees prescribed in this article." Fees for court reporter transcription services in civil cases are set forth in sections 69950 and 69954. Section 69950 sets the fees for paper transcripts. It provides:

"(a) The fee for transcription of original ribbon or printed copy is eighty-five cents ($0.85) for each 100 words, and for each copy purchased at the same time by the court, party, or other person purchasing the original, fifteen cents ($0.15) for each 100 words.

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Cite This Page — Counsel Stack

Bluebook (online)
225 Cal. Rptr. 3d 860, 17 Cal. App. 5th 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burd-v-barkley-court-reporters-inc-calctapp5d-2017.