San Mateo — Order Appointing Special Master

Source: https://sanmateo.courts.ca.gov/system/files/local-forms/cv-67.pdf

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO

Reserved for Clerk’s Office Stamp

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number, Address)

TELEPHONE NO: FAX NO.(Optional):

E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name):

Southern Division Central Division Northern Division
400 County Center 800 No. Humboldt 1050 Mission Road
Redwood City, CA 94063 San Mateo, CA 94401 So. San Francisco, CA 94080

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

_____________________________________________________/

AND RELATED CROSS-ACTIONS

CASE NUMBER:

STIPULATED ORDER APPOINTING SPECIAL MASTER

It is hereby stipulated by and between counsel for all parties as follows, and adopted by the Court

based upon the stipulation of counsel,

THE COURT FINDS:

This a complex case under the standards of California Rules of Court, Rule 3.400 et seq..

Appointment of a Special Master pursuant to Rule 3.750(b)(11) is appropriate and in the interests of justice,

as the case requires exceptional judicial management to avoid placing unnecessary burdens upon the Court

and the litigants, and such appointment would expedite the case, keep costs reasonable, and promote effective

decision-making by the Court, parties and counsel. Any trial of the action, if it occurs, is likely to be

prolonged.

Form adopted for Mandatory Use ORDER APPOINTING SPECIAL MASTER Local Court Rule, Rule 8.7 Local Court Form CV-67 [New Aug 2010] (COMPLEX LITIGATION) www.sanmateo.courts.ca.gov

Pursuant to stipulation of counsel for the parties, IT IS HEREBY ORDERED:

1. The Special Master is an Officer of the Court, appointed for the purpose of managing the

presently assigned case. The Special Master is appointed pursuant to Code of Civil Procedure Section 638

and Rule 3.750(b)(11). The Special Master appointed is: ,

Address Telephone

State Bar No. .

2. The Special Master shall be privately compensated by all parties for services rendered at the

maximum hourly rate of $ . The fees of the Special Master shall be at the expense of the parties in such

proportion and as allocated by determination of the Special Master. Such fees shall be subject to the review

of the Court upon written request of any party or of the Special Master.

3. The Special Master is authorized and empowered to hold Mandatory Settlement Conferences

as needed, including determination of the time, place and manner, compelling the attendance of counsel,

compelling attendance by authorized representatives of parties and insurance representatives, and insurance

claims representatives. The Court shall also conduct Mandatory Settlement Conferences as it determines,

notwithstanding conferences held and set by the Special Master. Settlement communications, negotiations,

and discussions shall be confidential, except as required for status reports by the Special Master to the Court

or to put a settlement on the record. Such settlement communications shall not be admissible as evidence for

any purpose.

The Special Master shall not conduct mediation sessions.

4. The Special Master is authorized and empowered to supervise, direct and decide discovery

disputes and other discovery issues, to facilitate law and motion scheduling in coordination with any judge

assigned to hear the law and motion matter, and to assure that the Court’s trial schedule is maintained. The

Special Master may order site inspections and may retain Court-appointed consultants and experts (upon

Form adopted for Mandatory Use ORDER APPOINTING SPECIAL MASTER Local Court Rule, Rule 8.7 Local Court Form CV-67 [New Aug 2010] (COMPLEX LITIGATION) www.sanmateo.courts.ca.gov

further Order of the Court), and may refer special problems to the Court. The Special Master shall provide

input to the Court regarding appropriate trial dates and trial continuances.

5. Dispositive motions, including but not limited to demurrers, motions to strike, motions for

summary judgment, motions for summary adjudication, and motions for determination of good faith

settlement shall not be heard and determined by the Special Master.

6. The Special Master shall report to the Court the status of the action as requested and no less

frequently than quarterly.

7. By signing the consent to serve, the Special Master represents that he/she consents to serve as

provided in this Order and is aware of and will comply with applicable provisions of Canon 6 of the Code of

Judicial Ethics (specifically Canon 6D) and the California Rules of Court, and that he/she is not aware of any

matter that requires disclosure pursuant to subdivisions (D)(5)(a) and (D)(5)(b) of Canon 6 of the Code of

Judicial Ethics

8. Counsel for all parties hereby stipulate or have previously stipulated in writing to waive the

detailed disclosure requirements of CRC Rule 3.904(b)(2), which states:

. . . [A] referee must disclose to the parties:

(2) Any significant personal or professional relationship the referee has or
has had with a party, attorney, or law firm in the current case, including the
number and nature of any other proceedings in the past 24 months in which the
referee has been privately compensated by a party, attorney, law firm, or
insurance company in the current case for any services. The disclosure must
include privately compensated service as an attorney, expert witness, or
consultant or as a judge, referee, arbitrator, mediator, settlement facilitator, or
other alternative dispute resolution neutral.]

IT IS SO STIPULATED:

DATED: _________________ _________________________________________________ Attorneys for Plaintiff

DATED: _________________ _________________________________________________ Attorneys for Defendant

Form adopted for Mandatory Use ORDER APPOINTING SPECIAL MASTER Local Court Rule, Rule 8.7 Local Court Form CV-67 [New Aug 2010] (COMPLEX LITIGATION) www.sanmateo.courts.ca.gov

DATED: _________________ _________________________________________________ Attorneys for Defendant

DATED: _________________ _________________________________________________ Attorneys for Defendant

DATED: _________________ _________________________________________________ Attorneys for Defendant

I HEREBY CONSENT TO SERVE AS SPECIAL MASTER:

DATED: _________________ _________________________________________________ Special Master

IT IS SO ORDERED:

DATED: ____________________ _________________________________________________ JUDGE OF THE SUPERIOR COURT

Pa ge 4 of 4

Form adopted for Mandatory Use ORDER APPOINTING SPECIAL MASTER Local Court Rule, Rule 8.7 Local Court Form CV-67 [New Aug 2010] (COMPLEX LITIGATION) www.sanmateo.courts.ca.gov