Fourth District, Division 3 Decides Either Litigant or Attorney Is Responsible for Reimbursement.
Government Code section 68097.2(b) provides that when a peace officer is subpoenaed to testify, “the party at whose request the subpoena is issued shall reimburse the public entity for the full cost to the public entity incurred in paying the peace officer.” If the actual expenses prove to be more than the amount deposited, section 68097.2(d) provides the difference shall be paid by “the party at whose request the subpoena is issued.”
Above: Policeman with police dogs. New York City. 1912.
In Maddox v. City of Costa Mesa, Case No. G043297 (4th Dist., Div. 3 Mar. 24, 2011) (certified for publication), the Fourth District, Division 3 decided that the term “party at whose request the subpoena is issued” means the litigant and the litigant’s counsel, either of whom is responsible for reimbursing the public entity for the “delta” costs. Because the term “party” did not affect the substantial right of the litigant alone, the litigant’s attorney was also encompassed within the term, although not solely responsible (with the litigant also “on the hook”).
The opinion was authored by Justice Fybel on behalf of a 3-0 panel.
