California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Petitioner Sherilee Aragon filed a petition for writ of mandate and/or prohibition seeking relief from the trial court's order of December 1, 2006, appointing a discovery referee for all further discovery purposes with the exception of two pending motions. The order states that the court was acting on its own motion due to the significant number of discovery motions already on file. The order further states: â€
Description
Petitioner filed a petition for writ of mandate and/or prohibition seeking relief from the trial court's order of December 1, 2006, appointing a discovery referee for all further discovery purposes with the exception of two pending motions. The order states that the court was acting on its own motion due to the significant number of discovery motions already on file. The order further states: "Exceptional circumstances for appointment of a referee exist as a result of the inordinate number of discovery motions already filed and the difficulties the parties have encountered in conducting discovery without the need for court intervention. . . ." The order ends by stating: "There has been no finding that any party has established an economic inability to pay a pro rata share. The maximum hourly rate the referee may charge is $650."
peremptory writ of mandate issued commanding respondent court to vacate its order appointing a discovery referee. The temporary stay of the order previously imposed is hereby dissolved. Petitioner is awarded costs. (Cal. Rules of Court, rule 8.490(m).) Our decision is final as to this court immediately. (See Cal. Rules of Court, rule 8.264(b)(3).)
