International Jet Ski Boating Ass'n v. Superior Court

—Petitioner International Jet Ski Boating Association, Inc., seeks a writ of mandate to compel the Orange County Superior Court to vacate its order denying summary judgment and to reconsider the motion. At issue is the propriety of referring a summary judgment motion to a court commissioner, whose findings and report were then adopted by the judge.

I

The real party in interest, Tony Parker, sued petitioner for negligence for injuries he suffered in a jet ski race at Lake Mead. In December 1989, Commissioner Ronald Bauer heard the parties’ cross-motions for summary judgment or summary adjudication, sitting as a temporary judge by stipulation of the parties. The primary issue was the validity of a purported release from liability in favor of petitioner. Commissioner Bauer treated the motions as motions for judgment on the pleadings and granted judgment in favor of petitioner, while allowing the real party in interest leave to amend to assert a cause of action based on breach of contract. Thereafter, a first amended complaint was filed, alleging, inter alia, petitioner had failed to comply with its “contract” in sanctioning the race at which the real party in interest was…