CALIFORNIA FAMILY LAW
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Procedure Before Trial/Hearing
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Judicial Officers/Referees/Masters
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Commissioner/Judge Pro Tem
............Duties/Powers
8 Cards On This Topic:
Powers of court commissioner.
Rule directing forfeiture of the right to a hearing before a judge for failure to object at first hearing before Comm. only involving "subordinate judicial duties" was invalid.
Comm. may perform "subordinate judicial duties" without stipulation of the parties.
Summary judgment motion may not be heard by commissioner in absence of stipulation of parties.
Entry of default judgment is within authority of commissioner as subordinate judicial duty.
Written stipulation not required if party participates in hearing before commissioner.
Judicial immunity of judges from civil suit applies equally to commissioner sitting as judge pro tem. or to commissioner performing subordinate judicial duties.
Issuance of order, violation of which can result in incarceration, is not subordinate judicial duty which can be performed by commissioner without stipulation of parties litigant.