Judge: Mark H. Epstein, Case: 20SMCV00596, Date: 2022-12-15 Tentative Ruling

Case Number: 20SMCV00596    Hearing Date: December 15, 2022    Dept: R

At the last hearing, the court stated that it would appoint a discovery referee if defendant agreed to pay the cost in a non-allocable way (meaning that the cost would not be imposed upon plaintiff, even if plaintiff lost the case).  Defendant submitted a memorandum agreeing to do so for purposes of completing plaintiff’s deposition only.  Defendant later submitted a statement that it had nominated referees but plaintiff had not responded in any way.  The list of nominees was presented to the court.

The court has reviewed the nominees and the court appoints the Hon. Gerald Rosenberg (Ret.) as the referee.  If Judge Rosenberg is unable to take the assignment, then the referee will be the Hon. Gregory C. O’Brien (Ret.)

Defendant to prepare the order using the Judicial Council form. 

Plaintiff may be deposed for not more than 6 additional hours (excluding colloquy) without leave of the referee.  The referee is appointed pursuant to Code of Civil Procedure section 639.

Clerk to give notice.