Is a court's order requiring a party's attorney to pay a share of referee's costs invalid?

California, United States of America


The following excerpt is from Fletcher v. Bantan, NO.B222418, Super. Ct. No. TCO21669 (Cal. App. 2011):

Fletcher argues that the May 29 order is void because section 645.1 specifically prohibits courts from requiring a party's attorney to pay any share of referee costs. Fletcher is correct that the trial court erred. Section 645.1 states, in relevant part: "the court may order the parties to pay the fees of referees... in any manner determined by the court to be fair and reasonable, including an apportionment of the fees among the parties. For purposes of this section, the term 'parties' does not include parties' counsel." Under the plain language of this statute, a court is only permitted to order "'the parties'-not counsel for the parties-to pay the referee's costs." (Taggares v. Superior Court (1998) 62 Cal.App.4th 94, 103.)

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