Superior Court of California 

County of Los Angeles 

Department 78 

¿ 

 

I. BACKGROUND 

Cross-Complainants HAR-BD, LLC and HAR-RFF, LLC (collectively, “Cross-Complainants”) move for entry of judgment consistent with the Statement of Decision pertaining to motions for summary judgment/and or adjudication of claims in the operative Fourth Amended Complaint and Cross-Complaint rendered by appointed Referee, the Hon. Judge Charles M. McCoy (Ret), on April 19, 2022, in addition to the Referee’s Judgment issued on March 25, 2024. 

Cross-Complainants aver that there were three separate Orders issued on December 6, 2019, February 14, 2020, and September 4, 2020 ordering all parties to this action and related cross-actions to submit all claims for resolution under the procedures of CCP §638. Cross-Complainants contend that the result of the parties’ submission of the claims to the Referee is reflected in the March 25, 2024 Judgment and the Referee’s Notice of Completion of Assignment. 

To date, no opposition or objections to Cross-Complainants’ request has been received.  

 

II. DISCUSSION 

“A referee appointed pursuant to Section 638 shall report as agreed by the parties and approved by the court.” (CCP § 643(b).) “In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.” (CCP § 644(a).) Additionally, Local Rule 3.9(c), in reference to CCP §644, provides, “If by stipulation the referee will hear the entire case, the prevailing party must file a noticed motion requesting the court issue judgment consistent with the report of the referee.” 

 

 

The Court has reviewed the history of this matter and reviewed the findings of the appointed Referee. There being no objection or contentions against adopting the Referee’s findings, judgment will be entered in accordance with the Referee’s Statement of Decision.  

 

III. CONCLUSION 

Based on the foregoing, Cross-Complainants’ motion for issuance of judgment consistent with Referee’s Statement of Decision is GRANTED. 

 

Moving Party is ordered to give notice. 

 

DATED: September 23, 2024 

__________________________ 

Hon. Michelle C. Kim 

Judge of the Superior Court 

 

PLEASE TAKE NOTICE: 

• Parties are encouraged to meet and confer after reading this tentative ruling to see if they can reach an agreement. 

• If a party intends to submit on this tentative ruling, the party must send an email to the court at SMCDEPT78@lacourt.org with the Subject line “SUBMIT” followed by the case number. The body of the email must include the hearing date and time, counsel’s contact information, and the identity of the party submitting. 

• Unless all parties submit by email to this tentative ruling, the parties should arrange to appear remotely (encouraged) or in person for oral argument. You should assume that others may appear at the hearing to argue. 

• If the parties neither submit nor appear at hearing, the Court may take the motion off calendar or adopt the tentative ruling as the order of the Court. After the Court has issued a tentative ruling, the Court may prohibit the withdrawal of the subject motion without leave.