Judge: Mark E. Windham, Case: 18STLC12069, Date: 2023-01-17 Tentative Ruling

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Case Number: 18STLC12069    Hearing Date: January 17, 2023    Dept: 26

Bander v. Bills, et al.

HEARING ON APPOINTMENT OF DISCOVERY REFEREE

(CCP § 639; Cal. Rules of Court, rule 3.922)


TENTATIVE RULING:

 

THE COURT HEREBY APPOINTS HON. DAVID S. MILTON (RET.) AS THE DISCOVERY REFEREE IN THIS ACTION, PURSUANT TO THE TERMS AND CONDITIONS FULLY STATED IN THIS ORDER.

        

           

ANALYSIS:

 

Plaintiffs Joel Bander and Felicia Bander (“Plaintiffs”) filed the instant action for failure to return their security deposit and related claims against Defendants Ronald Bills (“Defendant Bills”), Howard Management Group (“Defendant HMG”), Daniel Sloan (“Defendant Sloan”), Gonzalo Olmedo dba Olmedo’s Construction (“Defendant Olmedo”) and Business Alliance Insurance Company (“Defendant BAIC”) on September 24, 2018. The case was initially assigned to the Limited Jurisdiction Court. The First Amended Complaint was filed on October 22, 2019.

 

Defendant WIR Holdings, LLC (“Defendant WIR”), added as a doe defendant, filed a Cross-Complaint against Plaintiffs on October 14, 2020. The Cross-Complaint alleges that Plaintiffs breached their lease agreement by damaging the concrete driveway of the premises (“the Premises”) in an amount greater than covered by their security deposit.

 

On December 21, 2022, the Court found that exceptional circumstances exist in this action, which warrant appointment of a discovery referee. (Minute Order, 12/21/22.) The Court ordered the parties to file and serve a statement regarding their choice of referee, if they so agree, or provide a list of three referees from which the Court will select the referee. (Ibid.) The parties filed their Notices of Proposed Discovery Referees on January 3, 2023.

 

Discussion

 

The exceptional circumstances warranting appointment of a discovery referee were detailed in the Court’s minute order dated December 21, 2022, which is incorporated herein by reference. Having reviewed the parties’ proposed Discovery Referees, the Court appoints the Hon. David S. Milton (Ret.) as the discovery referee in this action, pursuant to Code of Civil Procedure section 639, subdivision (a)(5). Judge Milton’s contact information is 915 Wilshire Boulevard, Suite 1900, Los Angeles, California 90017, (213) 683-1600. Judge Milton is a member of the State Bar of California, # 82368.

 

As previously held, the discovery referee shall have and is granted the following powers:

 

1)      To set the date, time and place of all hearings.

2)      To recommend the issuance of subpoenas.

3)      To preside over hearings, take evidence and rule on objections and motions.

4)      To order the production of all pertinent writings, records, and documents in possession of any of the parties. The referee, in this regard, is to recommend to the Court the imposition of any sanctions for the failure of any party or attorney to comply with such an order to produce or to cooperate with the referee.

5)      To employ, as reasonably necessary, qualified experts, and to recommend to the Court appropriate fees for such services.

6)      To order, supervise, preside over, conduct hearings, rule on objections and recommend sanctions for any appropriate discovery to accomplish this reference.

7)      To petition the Court for any further, additional, and different powers pertinent to this reference.

 

The Court previously indicated that the discovery referee was to file a written report within 20 days after the hearing or hearings, for the Court’s review. Specifically, Judge Milton shall submit a written report to this Court within 20 days after the hearing, if any, has been concluded and the matter has been submitted, and shall serve the report on all parties.  (Code Civ. Proc., § 643.) The report shall contain the following:

 

1)      Findings as to discovery motions and disputes relevant to discovery in the action and as to the factual question[s] submitted.

2)      A statement of the total hours spent and the total fees charged by the referee; and

3)      Recommendations as to the following items:

a)      The merits on the findings regarding any disputed issue referred to the referee; and

b)      Amount of referee's fees and costs of the referee, and fees of any experts employed to assist the referee that the Court should allow; and

c)      The reallocation of all costs and fees between the parties; and

d)      The imposition of any sanctions against any of the parties and/or attorneys for failure to produce discovery items or to cooperate with the referee in this reference.

 

(Code Civ. Proc., §643, subd. (c).) The parties may file and serve objections to the referee's report or recommendation no later than 10 days after the referee serves the report or all objections thereto will be deemed waived. (Code Civ. Proc., §643, subd. (c).) Within 10 days of service of objections, parties may file and served responses. (Code Civ. Proc., §643, subd. (c).) Upon review of the objections and responses, the Court will enter appropriate orders. (Code Civ. Proc., §643, subd. (c).)

 

The maximum hourly rate to be charged for the referee’s services is $650.00 and use of Court facilities or personnel is not permitted. As required by Cal. Rules of Court, rule 3.924(a), Judge Milton is to file a written certification within 20 days. Any required disclosures are to also be filed pursuant to Cal. Rules of Court, rule 3.924(b).

 

Conclusion

 

THE COURT HEREBY APPOINTS HON. DAVID S. MILTON (RET.) AS THE DISCOVERY REFEREE IN THIS ACTION, PURSUANT TO THE TERMS AND CONDITIONS FULLY STATED IN THIS ORDER.

 

 

Court clerk to give notice.