Judge: Mark H. Epstein, Case: SC124878, Date: 2023-11-09 Tentative Ruling

Case Number: SC124878    Hearing Date: March 13, 2024    Dept: I

The court received plaintiff’s status conference statement on December 28, 2023.  The fact that it was sent so soon suggests a lack of a willingness to try and resolve the matter in good faith.  The court received defendants’ response this morning, having been filed yesterday morning.  The court has not read it.  It appears that this case will never resolve unless  both parties are willing to reach an agreement.  The court therefore REFERS the matter to a referee to be appointed pursuant to Code of Civil Procedure section 639 to make a recommendation as to how to go forward.  The court is convinced that the parties will never come to terms and, frankly, the court is getting tired of the constant back and forth between the parties.  The court believes it will be best if a referee is therefore appointed who can devote the time necessary (at the parties’ expense) to get to the bottom of the problem, hear from any experts the parties may wish to call, and make a final determination as to what is to be done for the court’s review and consideration.  The costs will be initially paid by both parties but will be subject to reapportionment at the conclusion of these proceedings and will not exceed a total of $25,000 absent further court approval.  The court directs the parties to Code of Civil Procedure section 640.  If the parties do not agree, the parties will submit a JOINT submission to the court of six names—three nominated by each party.  The names will be submitted in alphabetical order with no indication as to which party nominated with person.  Attached to the submission will be a statement including the nominee’s CV and hourly rate.  The matter will be continued for approximately 3 months, at which time the court will appoint the referee and set a new date.  The referee will also have the authority to recommend whether defendants are entitled to any refund of monies already paid.  The referee may also recommend sanctions to be imposed upon one or both parties for bad faith in terms of resolving this matter or regarding their conduct or positions during the reference.