Judge: William D. Claster, Case: 19-01103825, Date: 2023-01-06 Tentative Ruling

Plaintiff Prime Hospitals' Motion to Withdraw Stipulation for the Appointment of Judge Ronald E. Prager (RET.) as Discovery Referee ROA 793

The Prime Hospitals’ motion to withdraw their stipulation for the appointment of Judge Ronald E. Prager (Ret.) as discovery referee is DENIED.

CRC 3.906 provides, in relevant part:

A motion to withdraw a stipulation for the appointment of a referee must be supported by a declaration of facts establishing good cause for permitting the party to withdraw the stipulation. The following do not constitute good cause for withdrawing a stipulation:

(1)  A declaration that a ruling is based on an error of fact or law.

(2)  The issuance of an order for an appropriate hearing site under rule 3.910.

The Prime Hospitals’ motion is based upon alleged errors in three of Judge Prager’s recommendations. They complain he has applied different standards to motions brought by the Prime Hospitals and motions brought by CalOptima; that his recommendations have deprived them of virtually any discovery from CalOptima in this case; that his recommendations ignore evidence and argument in the moving papers; and that his analysis incorrectly applies California civil discovery law.

The Prime Hospitals also directly accuse Judge Prager of not reading the moving papers. (See, e.g., Memo. at pp. 14 [“The only way the Discovery Referee could make such a suggestion is if he failed to read the requests . . .”], 17 [“The Discovery Referee made clear during the hearing on the Motion that he had not read the Parties’ written submissions at all.”].)

The Prime Hospitals contend Judge Prager’s recommendations are “arbitrary and capricious at best” and are “depriving the Prime Hospitals of due process.” (Memo. at pp. 18, 19.) At bottom, the Prime Hospitals’ argument is based entirely on their belief that his recommendations were incorrect. Under CRC 3.906, this is not good cause for withdrawing from a stipulation for appointment of a referee. As a result, the motion is denied.