Hood v. Superior Court

Opinion

VOGEL (Miriam A.), J.

Marcus M. Hood (a 71-year-old lawyer appearing in propria persona) sued Sears, Roebuck & Co. for damages, alleging that Sears had been “relentlessly oppressive” in its attempts to collect from Hood a “debt which did not exist.” After Sears answered, Hood served on it seven special interrogatories and a few related requests for production of documents. About a week later, Sears served eight special interrogatories on Hood.

1

A dispute arose and both sides filed motions to compel further responses. The trial court, in turn, determined (sua sponte) that it was “necessary to appoint a referee to hear and determine any and all discovery motions and disputes” in this action, and directed the parties to each pay one-half of the referee’s fees. (Code Civ. Proc., §§ 639, 645.1.)

2

Hood objected, contending a referee was

not

necessary and that, in any event, it would create a financial hardship for him. The trial court confirmed the reference but directed the referee to hold a hearing to determine Hood’s ability to pay his share of the fees, and ordered Hood “to provide the referee with documentation of his income, whether from his practice of law or

[449]

otherwise, for the years 1997 and 1998. [Hood’s] own declaration is insufficient documentation, it must be backed up by tax records or other documents.” Hood then filed a petition in which he asked us to direct the trial court to vacate its reference order. We issued an order to show cause and set the matter for hearing.

3

Discussion

Hood contends the reference order cannot stand. We agree.

Notwithstanding a party’s objection, subdivision (e) of section 639 authorizes the appointment of a discovery referee when the court “determines in its discretion” that such an appointment is “necessary.” (See

Taggares