139 Cal. App. 772 | Cal. Ct. App. | 1934
Petitioner worked as court reporter in department 24 of the Superior Court of Los An-geles County on the twentieth and twenty-first days of December, 1932. The clerk of said court certified that such services were rendered and the judge presiding in the department made his certificate of the fact that they were rendered under his order and were a just and legal charge against the county, and ordered the county auditor to draw his warrant on the treasurer in payment thereof. The amount of each order was $15. Demand was made by petitioner for the issuance of such warrants, which was refused by the auditor. This proceeding is brought to compel their issuance.
It is not denied that petitioner, while a qualified reporter on the eligible list, was not on the designated official list of reporters of said superior court, and that the official reporter assigned to department 24 was assisting the official reporter in department 27 of said court in reporting and transcribing the testimony in a case pending in that department on the 2'0th of December. On the twenty-first day of December said official reporter was working in department 24 and petitioner was assisting him in reporting and transcribing the testimony in a criminal case therein pending. The offical reporter of department 24 was paid the per diem, fee of $15 for his services on said day. The minutes of department 24 for the 20th of December state: “There being no official reporter available, the court appointed Samuel Rappaport as official reporter pro tern, for this department and he is so duly sworn.” The record is silent as to any designation on the 21st, but there is no question but that petitioner actually worked in said department on both days.
Petitioner urges that under section 274 of the Code of Civil Procedure and Rule V of the rules of said superior court the court was authorized to make such appointment. Respondent contends that the appointment could only be
It will be seen that section 274 seems to sanction the employment of a pro tempore reporter- when there is no official reporter in attendance, and such is the provision of Rule V. We must therefore assume that the appointment here -was made pursuant to the direction of the presiding judge and that no official reporter was available.
With regard to December 21st, we must assume that both reporters were not taking down testimony at the same time but that while one was so engaged the other was transcribing testimony theretofore taken down by him in the
Petition granted as to the claim for services on December 20, 1932, and denied as to the claim for December 21, 1932.