What is a "general" reference and a "special" reference?

California, United States of America


The following excerpt is from Andrade v. The Superior Court of Santa Clara County, H034960 (Cal. App. 2011):

The authorizing statutes are contained in the Code of Civil Procedure.5 "A 'general' reference is conducted pursuant to section 638, subdivision [(a)]: the referee is empowered to make a conclusive determination without further action by the court." (Ruisi v. Thieriot (1997) 53 Cal.App.4th 1197, 1208.) "A 'special' reference is one conducted pursuant to section 639 or subdivision [(b)] of section 638, in which the referee makes advisory findings which do not become binding unless adopted by the court." (Ibid.)

Page 27

Other Questions


Does a motion for a "special" anti-SLAPP suit motion refer to "complaint" refer to an earlier complaint that had been amended to contain anti-free speech claims? (California, United States of America)
Can a general contractor force a subcontractor to submit their bid for a public contract before the general contractor has awarded the public contract? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
Is it reasonable for the Attorney General to argue that statements (5) and (7) referred to facts not in evidence and therefore improper? (California, United States of America)
Does the Attorney General object to our taking judicial notice of the court records to which defendant refers? (California, United States of America)
Does a jury have to find intent to kill to sustain a special circumstance allegation in an attempted robbery special circumstance? (California, United States of America)
Does the amendment to the lying-in-wait special circumstance in a murder case in which there is a distinction between the special circumstance and lying in-wait first degree murder? (California, United States of America)
How have the courts treated the defense's request for a special instruction against "double counting" the crimes and the special circumstances? (California, United States of America)
What is the difference between a defendant's special instruction in a first degree murder case and a special circumstance finding? (California, United States of America)
What is the effect of the Attorney General's objection to a defendant's special instruction in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.