Judge: John C. Gastelum, Case: 22-01296669, Date: 2023-05-24 Tentative Ruling

Motion -- Other

Tentative Ruling:  Defendant Alberto Mobrici ("Defendant"), moves the court for an order pursuant to Code of Civil Procedure Sections 638 et seq. and Rule 3.901 of the California Rules of Court appointing a judicial referee who will have exclusive jurisdiction over Plaintiff Fabio Russo’s (“Plaintiff”) claims.

Code of Civil Procedure section 638 states:

A referee may be appointed upon the agreement of the parties filed with the clerk, or judge, or entered in the minutes, or upon the motion of a party to a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee if the court finds a reference agreement exists between the parties:

(a) To hear and determine any or all of the issues in an action or proceeding, whether of fact or of law, and to report a statement of decision.

(b) To ascertain a fact necessary to enable the court to determine an action or proceeding.

If the parties agree on the individual who is to serve as referee, the court must appoint that person. (Code Civ. Proc., § 640(a).)

If the parties do not agree to the person who is to act as referee, each party submits up to three names to the court from which the court selects the referee. If the parties fail to nominate anyone, the court will choose the referee. (Code Civ. Proc., § 640(b).)

The Agreement states that the referee “Shall be a retired Judge of the Superior Court of any County of the State of California.” (Mobrici Decl. ¶4, Ex. 2. §10.01.) All former judges who serve as referees are required to be active or inactive members of the State Bar.  (Cal. Rules of Court, Rule 3.923.)

Here, the Agreement requires the dispute be heard by reference. (Mobrici Decl. ¶4, Ex. 2. §10.01.) Furthermore, Plaintiff filed a response to Defendant’s motion indicating that Plaintiff was willing to stipulate to the relief sought. As such, the Court GRANTS the motion.

The parties are to advise the Court whether they agree on the individual who is to serve as referee, or, if not, each party is to submit up to three names for the Court to select from.

The court sets a Status Conference for 6-20-2023, at 8:45 a.m. in Department C11. If the parties have not agreed upon a referee, names must be submitted to the court no later than 5 court days prior to the status conference.

Defendant to give notice.