CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Judicial Officers/Referees/Masters
.........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.