ADR-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: ORDER APPOINTING REFEREE THE COURT FINDS: 1. Section 638 appointment. A referee is properly appointed under Code of Civil Procedure section 638 because (check one): a. all parties to the action have agreed to the appointment of a referee under section 638. the parties entered into a written contract or lease that provides that any controversy arising therefrom shall be heard by a referee. Section 639 appointment. A referee is properly appointed under Code of Civil Procedure section 639 because (check and complete a or b): a. Discovery reference. It is necessary for the court to appoint a referee to hear and determine any and all discovery motions and disputes relevant to discovery in the action and to report findings and make a recommendation. (Code Civ. Proc., § 639(a)(5). State the exceptional circumstances specific to the particular case that require the discovery reference, below or in Attachment 2a.) b. 2. b. Other reference. (Check one or more of the following statutory grounds and state the reason for the appointment below or in Attachment 2b.) The trial of an issue of fact requires the examination of a long account. (Code Civ. Proc., § (1) 639(a)(1).) (2) The taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect. (Code Civ. Proc,. § 639(a)(2).) (3) (4) A question of fact, other than on the pleadings, has arisen by motion or otherwise. (Code Civ. Proc., § 639(a)(3).) It is necessary for the information of the court in a special proceeding. (Code Civ. Proc., § 639(a)(4).) c. Economic inability to pay. (Check one.) (1) No party has established an economic inability to pay a pro rata share of the referee's fees. (2) One or more parties has established an economic inability to pay a pro rata share of the referee's fees and another party has agreed voluntarily to pay that additional share of the referee's fees. (Complete item 5c(3)(b).) (a) The following party has established an economic inability to pay a pro rata share of the referee's fee (name each): (b) The following party has agreed voluntarily to pay an additional share of the referee's fee (name each): (3) Form Approved for Optional Use Judicial Council of California ADR-110 [Rev. July 1, 2011] The referee is being appointed at no cost to the parties. Page 1 of 3 ORDER APPOINTING REFEREE (Alternative Dispute Resolution) Code of Civil Procedure, § 638 et seq.; Cal. Rules of Court, rules 3.900­3.910, 3.920­3.927 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com ADR-110 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: THE COURT ORDERS: 3. Referee. The following person is appointed as referee. (The referee's signature indicating consent to serve and certification that he or she is aware of and will comply with the applicable provisions of canon 6 of the Code of Judicial Ethics and the California Rules of Court must be included in the proposed order appointing a referee under Code of Civil Procedure section 638 or attached to the order appointing a referee under section 639. See item 9.) a. Name: b. Business address: c. Telephone number: d. The referee is a member of the State Bar of California. (Rules 3.903 and 3.923 of the California Rules of Court provide that a referee who is a former judicial officer must be an active or inactive member of the State Bar.) The referee's State Bar number is: The referee's State Bar membership status is (check one): (a) Active (b) Inactive (c) Other (specify): 4. Scope and subject matter of reference. The referee is appointed as follows (check and complete a or b): Section 638 appointment. The referee is appointed under Code of Civil Procedure section 638 (check and a. complete one): (1) to hear and determine any or all of the issues in the action or proceeding, whether of fact or of law, and to report a statement of decision. to ascertain the following facts necessary to enable the court to determine the action or proceeding (state (2) facts to be ascertained by referee below or in Attachment 4a): (1) (2) b. Section 639 appointment. (1) The following subject matter or matters are included in the reference (describe the matter or matters the referee is ordered to consider below or in Attachment 4b): (2) Section 639 discovery reference. (a) The discovery referee is appointed for (check one): (i) (ii) The discovery matters identified in (1) above. All discovery purposes in the action. (b) The referee is authorized to set the date, time, and place for all hearings determined by the referee to be necessary; direct the issuance of subpoenas; preside over hearings; take evidence; and rule on objections, motions, and other requests made during the course of the hearing. 5. Referee's compensation. (Check and complete one of the following.) a. b. Uncompensated referee. The referee will not be privately compensated by the parties. Compensation of section 638 referee. (1) The referee's fees will be paid as agreed by the parties. (2) The parties have not agreed on the payment of the referee's fees and have requested that the matter be resolved by the court. The court orders that the referee's fees be paid as follows (state the manner of payment determined by the court to be fair and reasonable below or in Attachment 5b): ADR-110 [Rev. July 1, 2011] ORDER APPOINTING REFEREE (Alternative Dispute Resolution) Page 2 of 3 ADR-110 PETITIONER/PLAINTIFF: RESPONDENT/DEFENDANT: CASE NUMBER: 5. c. Compensation of section 639 referee. (1) The maximum hourly rate that the referee may charge is (specify): (2) The maximum number of hours for which the referee may charge is (at the request of any party, state the maximum number of hours for which referee may charge): (3) The court orders that the referee's fees be paid or apportioned as follows and reserves jurisdiction to modify this order (state fair and reasonable apportionment of reference costs below or in Attachment 5c): (a) All parties shall pay equal shares of the referee's fees. (b) The parties shall pay equal shares of the referee's fees except that, based on the finding of economic inability set forth in item 2c(2)