CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Judicial Officers/Referees/Masters
.........Commissioner/Judge Pro Tem
............Stipulation for/Refusal to Stipulate
 18 Cards On This Topic:
  • Procedures for appointment of temporary judge.
  • Commissioner qualified to act based upon stipulation of parties.
  • Conduct of counsel can produce implied, but binding, stipulation that court commissioner act as judge pro tem. (tantamount stipulation doctrine).
  • It was not enough for H merely to be present at and to participate in the temporary hearing for the "tantamount stipulation" doctrine to apply.
  • 5-yr. DVPA issued by commissioner valid where D failed to show on the record he provided that the parties did not orally stipulate to the commissioner, and by D's participation at hearing, he impliedly consented to it.
  • DV RO prohibiting D from posting negative and harassing communications online about her ex-boyfriend was void as self-represented D did not consent to a commissioner hearing the matter.
  • Where a party is fully aware of his right to object to a commissioner acting as a temporary judge on child support motion and fails to do so, consent is implied.
  • The stipulation to a Commissioner to determine a “cause” encompasses subsequent proceedings that are its “direct progeny,” but not those considered “ancillary” to the stipulated cause.
  • Court's broad order referring case with multiple factual issues to commissioner to sit as referee was improper delegation of judicial duties.
  • SFHA deemed to have stipulated to Commissioner's jurisdiction where it did not file objection; power of temp. judge to decide later proceeding hinges on whether it is ancillary to, or direct progeny of, the stipulated cause.
  • Failure to object to commissioner sitting as temp. judge at time trial set was tantamount to an implied waiver of the required stipulation.
  • Order reversed where party did not stipulate to commissioner hearing the matter and was not advised she could object.
  • Stipulation that commissioner sit as judge pro tem. may be signed by one party if no other parties have appeared in proceeding.
  • Stipulation of party that commissioner hear matter as judge pro tem. is effective if other party does not appear.
  • Commissioner sits as judge pro tem. only if permitted by stipulation of parties.
  • Failure to object to hearing before commissioner sitting as judge pro tem., together with full participation in hearing, is tantamount to stipulation.
  • Stipulations for commissioner/judge pro tem.
  • Dissolution trial before referee, in absence of consent of parties, is error.


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