BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1002


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          Date of Hearing:  May 5, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1002  
          (Wilk) - As Amended April 28, 2015


                    PROPOSED CONSENT (As Proposed to be Amended)


          SUBJECT:  CIVIL ACTIONS:  DEPOSITIONS: INTERPRETER COSTS


          KEY ISSUE:  SHOULD INTERPRETER FEES INCURRED FOR THE DEPOSITION  
          OF A NON-ENGLISH SPEAKING PARTY OR WITNESS BE MADE SPECIFICALLY  
          REIMBURSABLE TO THE PREVAILING PARTY?


                                      SYNOPSIS


          Existing law provides that the costs of taking, video recording  
          and transcribing necessary depositions, including travel costs  
          to attend a deposition, are reimbursable costs, but has no clear  
          provision that interpreter costs are included as part of those  
          reimbursable costs.  According to the author, this could result  
          in a denial of access to justice if a party has to forego  
          interpretation of deposition testimony simply because of the  
          cost barrier or uncertainty about whether the cost is  
          reimbursable to the prevailing party who paid those costs  
          out-of-pocket.










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          This non-controversial bill, sponsored by the California  
          Conference of Bar Associations, seeks to allow a prevailing  
          party to recover interpreter fees for the deposition of a party  
          or witness who does not speak or understand English.   
          Accordingly, this bill would specifically include interpreter  
          costs among those costs of taking a deposition that are  
          reimbursable costs to the prevailing party in a civil action.   
          Proposed amendments to the bill are merely technical and add a  
          co-author.  There is no known opposition to this bill.


          SUMMARY:  Revises and clarifies various costs that a prevailing  
          party in a civil action may recover.  Specifically, this bill:    



          1)Allows a prevailing party to recover interpreter fees for the  
            deposition of a party or witness who does not proficiently  
            speak or understand the English language.


          2)Clarifies that a prevailing party may recover travel expenses  
            to attend depositions.


          EXISTING LAW:   


          1)Provides that, except as otherwise expressly provided by  
            statute, a prevailing party is entitled as a matter of right  
            to recover costs in any action or proceeding.  (Code of Civil  
            Procedure Section 1032(b).) 
          2)Provides that specified items are allowable as costs to a  
            prevailing party in a civil matter, including, among other  
            things:


             a)   Filing, motion, and jury fees; 
             b)   Juror food and lodging, as specified; 








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             c)   Taking, video recording, transcribing necessary  
               depositions, as specified, and travel;
             d)   Service of process, as specified; 
             e)   Expenses of attachment, including keeper's fees; 
             f)   Premiums on necessary surety bonds;
             g)   Ordinary witness fees, as specified; 
             h)   Court reporter fees as established by statute; 
             i)   Models and blowups of exhibits and photocopies of  
               exhibits that may be allowed if they were reasonably  
               helpful to aid the trier of fact;
             j)   Court interpreter fees for a qualified court interpreter  
               authorized by the court for an indigent person represented  
               by a qualified legal services project.  (Code of Civil  
               Procedure section 1033.5(a).)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  This bill seeks to allow a prevailing party to  
          recover interpreter fees for the deposition of a party or  
          witness who does not speak or understand English proficiently.   
          The author explains the need for the bill as follows:


               Interpreter fees are allowed as a reimbursable cost  
               under existing law only when the party is both  
               indigent and represented by either a legal services  
               organization or a pro bono attorney.  This limitation  
               reflects the Legislature's belief that court  
               interpreters should be provided at no cost as a matter  
               of right.


               The ability of parties and participants to understand  
               what is happening is no less important at earlier  
               stages of litigation, however, particularly since  
               deposition testimony can be used at trial under  








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               certain circumstances (see e.g. CCP Section 2025.620.)  
                In these cases, working-class and middle-class  
               persons seeking to assert or defend their rights must  
               pay for interpreter services out of their own pocket.   
               This can amount to a denial of access to justice to  
               those who cannot afford the means to understand the  
               legal process.  This bill will help increase access to  
               justice for non-English-speaking Californians by  
               making interpreter fees incurred during the taking of  
               necessary depositions a reimbursable cost.


          This bill ensures that interpreter costs are among those costs  
          of taking a deposition that are reimbursable to the prevailing  
          party.  Existing law, Section 1033.5(a)(3) currently provides  
          that the costs of taking, video recording and transcribing  
          necessary depositions, including travel costs to attend a  
          deposition, are a reimbursable cost.  However, the author  
          contends, the statute makes no clear provision that interpreter  
          costs are included as part of those costs.  Interpreter costs  
          might be found to be allowable costs in the discretion of the  
          court under Section 1033.5(c)(4), but there is no guarantee of  
          this outcome.  In contrast, court reporter fees and interpreter  
          fees are each addressed specifically elsewhere in the statute.   
          Accordingly, this bill would specifically include interpreter  
          costs among those costs of taking a deposition that are  
          reimbursable costs to the prevailing party in a civil action.


          This bill could help increase access to justice for non-English  
          speakers.  The author contends that interpretation of deposition  
          testimony, like interpretation of in-court testimony, is crucial  
          to ensure that the parties and witnesses understand what is  
          being said during all phases of litigation.  The author further  
          contends that it is a denial of access to justice if a party has  
          to forego either form of interpretation simply because of cost  
          barriers, specifically the inability to recover out of pocket  
          interpretation costs upon prevailing in the case.









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          The Committee notes that the Legislature has previously  
          recognized the important need for interpreters in depositions  
          involving non-English speakers.  In 2012, the Legislature  
          enacted SB 863 (De Leon), Ch. 363, Stats. 2012, which, among  
          other things, required employers to pay for the services of a  
          language interpreter in a worker's compensation case if  
          interpretation services are required because the injured  
          employee or deponent did not speak or understand English  
          proficiently.  Although civil litigation differs from workers'  
          compensation cases, the author rightly points to the same  
          principle at work in both scenarios:  Persons who require  
          interpreter services to protect their rights in legal  
          proceedings should not have to pay for the privilege of doing  
          so.  


          This bill, by ensuring that interpreter costs for depositions  
          are reimbursable to the prevailing party, may help remove this  
          potential barrier to access to justice for non-English speakers.


          Author's technical amendments.  The author proposes the  
          following technical amendments:


            On page 3, line 6, strike "blowups" and replace with  
            "enlargements"


            Add Assemblymember Alejo as joint co-author.


          Previous related legislation.  AB 1657 (Gomez, Ch. 721, Stats.  
          of 2014) expressly authorizes the court to provide a court  
          interpreter in any civil action or proceeding at no cost to the  
          parties, regardless of the income of the parties. The bill  
          further requires interpreters to be provided in accordance with  
          a specified order of priority, until sufficient funds are  








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          appropriated to provide an interpreter to every party who needs  
          one.


          AB 1127 (Chau) of 2013 would have required the Judicial Council  
          to establish a working group to develop "best practices" for  
          providing interpreters in civil court proceedings and further to  
          conduct a pilot project to implement those practices, but was  
          vetoed by the Governor.


          AB 1403 (Assembly Judiciary Committee, Ch. 409, Stats. of 2011)  
          added court interpreter fees to the costs the a prevailing party  
          could recover in civil action, but only for a qualified court  
          interpreter authorized by the court for an indigent person  
          represented by a qualified legal services project, as defined by  
          Section 6213 of the Business and Professions Code.


          AB 2684 (Assembly Judiciary Committee, Ch. 758, Stats. of 2012)  
          expanded the right to recover interpreter fees as a cost of  
          litigation to include cases where the prevailing party was  
          represented by a pro bono attorney.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Conference of Bar Associations (CCBA) (sponsor)




          Opposition








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          None on file




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334