Pair of Interesting Non-Wage Decisions This Week From Second District

In Other Cases of Interest on May 8, 2013 at 11:46 am
Deposition of Mary Walcott, August 3, 1692

Deposition of Mary Walcott, August 3, 1692 (Photo credit: Wikipedia)

The Second District issued a pair of interesting non-wage opinions this week:

  • Yesterday, citing the absence of “subject matter jurisdiction”, the Second District held that that a non-noticing party in a deposition, who does not move for an order in the pending case for a determination of the “reasonable rate” a court reporter may charge, may not bring a subsequent action to obtain restitution or obtain injunctive relief.  The Las Canoas Company, Inc. v. Kramer, No. B238729, __ Cal. App. 4th. __ (2d Dist. May 7, 2013).  The court further concluded that “absent extraordinary circumstances, the court in the action in which the dispute arises is the only court to resolve the issue.” Slip Op. at 4 (emphasis supplied).  You can read more here.
  • On Monday, the Second District reversed a dismissal of a former deputy sheriff.  Shirey v. Los Angeles County Civil Service Commission (Los Angeles County Sheriff’s Department), No. B238355, __ Cal. App. 4th __ (May 6, 2013).  You can read about it here.



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