CAROLE COX ET AL VS. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, July 22, 2025, Line 9. PLAINTIFFs CAROLE COX,and EDWARD COX's Motion For Order Setting "Reasonable Rate" For Copy Of Deposition Transcript.

Plaintiffs Carole Cox and Edward Cox's unopposed Motion For Order Setting "Reasonable Rate" For Copy Of Deposition Transcript is DENIED.

Plaintiffs move under Code of Civil Procedure section 2025.510(c). Section 2025.510 bears the title "Transcription of [deposition] testimony; Costs; Who may obtain copies and when; Retention of stenographic notes; Access to recorded testimony; Stenographic testimony as official record." Subdivision (c) provides as follows: "Notwithstanding subdivision (b) of Section 2025.320, any other party or the deponent, at the expense of that party or deponent, may obtain a copy of the transcript." Section 2025.320(b) is irrelevant to the issues before the court.

Nothing is section 2025.510(c) vests the court with the power to set the "reasonable rate" for copies of deposition transcripts, whether ad hoc or otherwise. Absent authority on point, the court will not and does not weigh in on the "reasonable rate" for copies of deposition transcripts. Surely, any such proceeding would require that the court have personal jurisdiction over the stenographer or service whose rates are being challenged; here, no such personal jurisdiction has been established. (See Code of Civil Procedure section 2025.510(h)(4).)

And whatever substantive standard that may apply in such an adjudication, the record here would not support relief. The court is without sufficient evidence to determine under any real standard the stenographer's requested rate was unreasonable or that Plaintiffs' proffered rate is reasonable.

Prior to the time set for hearing, Moving Parties shall lodge by email to contestdept302tr@sftc.org an updated proposed order quoting verbatim the above tentative.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.