Bird

Petitioners Bill J. Bird and Bill J. Bird Development Company are defendants and cross-complainants in a civil action in which real party in interest KLK Development Company is plaintiff and cross-defendant. Petitioners seek a writ of mandate or prohibition requiring respondent Superior Court of Los Angeles County to vacate and set aside its order of May 23, 1980, appointing the Honorable Joseph A. Wapner, retired judge of respondent court, “as referee to hear and determine the issues presented by [a pending] discovery motion and any future discovery motions in this matter.” Said order further provided: “The fees and expenses of the referee are to be borne equally by the parties as an initial proposition and thereafter can be taxed as costs.” On a motion for clarification, the court on July 2, 1980, modified the order with respect to fees and expenses so as to provide that the costs should be initially imposed upon the party designated by the referee subject to later being taxed as costs.

The minute order recording the appointment of the referee states that it is made “[i]n light of the continuing dispute and the inability of counsel to get along with each other,...” The…