Austin v. Valverde
211 Cal. App. 4th 546
| Cal. Ct. App. | 2012Background
- Austin appealed after DMV-administered hearing suspended his license for refusing a chemical test; he sought a free copy of the transcript under in forma pauperis, but DMV refused.
- DMV prepared and lodged the administrative record with the trial court; the court denied free transcription to Austin and dismissed the petition with prejudice.
- Austin attempted to compel production of the transcript; the trial court declined, finding no authority to provide a free copy.
- Austin moved to dismiss with prejudice to expedite appeal; the court accepted the dismissal and dismissed the petition.
- The appellate court held the dismissal with prejudice was appealable and addressed whether the agency must provide a free copy of the transcript to an indigent petitioner.
- The court remanded for further proceedings after DMV provides a free transcript to Austin, clarifying indigents’ access to judicial review under a waiver of court fees
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Must an indigent petitioner receive a free transcript? | Austin argues DMV must provide the transcript under Gov. Code 11523 and CCP 1094.5. | DMV contends it must prepare but not furnish a free copy. | Yes; agency must provide a free transcript to an indigent when necessary for review. |
| Is a voluntary dismissal with prejudice appealable? | Austin asserts appealability despite dismissal. | DMV argues lack of appellate jurisdiction. | Appellate jurisdiction exists; dismissal with prejudice is appealable to expedite review. |
| What standard governs review of the transcript duty? | Indigent access to transcript is essential for meaningful judicial review. | Authority rests on agency record preparation; no free copy mandate. | Duty to provide free transcript is part of access to review for indigents. |
Key Cases Cited
- Civil Service Commission v. Superior Court, 63 Cal.App.3d 627 (Cal. App. 1976) (pre-1982 price-based limitations on indigent transcripts)
- Price, 63 Cal.App.3d 627 (Cal. App. 1976) (indigent transcript rights before 1982 amendments)
- Dean, 203 Cal.App.3d 691 (Cal. App. 1988) (1982 amendment to 1094.5 permits indigent access to transcripts)
- Ghirardo v. Antonioli, 8 Cal.4th 791 (Cal. 1994) (independent review of administrative action and abuse of discretion standards)
- Price, Price, supra (Cal. App. 1976) (context for indigent transcript rights under CCP 1094.5)