Carr Business Enterprises, Inc. v. City of Chowchilla

Opinion

WISEMAN, J.

We hold that a stipulated judicial reference agreement made pursuant to Code of Civil Procedure section 638, which includes a provision to split the referee’s fees equally between the parties, is enforceable and precludes recovery of the prevailing party’s 50 percent share of the referee’s fees as an item of costs.

PROCEDURAL AND FACTUAL HISTORIES

This appeal comes after remand in litigation arising out of a contractual dispute between appellant City of Chowchilla (Chowchilla) and respondent Carr Business Enterprises, Inc. (Carr). In December 1999, the parties stipulated that…