Andrews

The issue in this case is whether a trial court may order counsel to pay both sanctions and his client’s share of a discovery referee’s fees under Code of Civil Procedure section 128. We conclude that it cannot.

Factual and Procedural Summary

Petitioner Joseph Andrews represented Irena Wegricht in her action for breach of an insurance contract and of the implied covenant of good faith and fair dealing in the underlying action, Wegricht v. Underwriters at Lloyd’s, London (Super. Ct. L.A. County, No. BC202512). A motion to compel discovery was brought by Ms. Wegricht in the underlying action. The court referred this motion to Robert W. Thomas, retired judge, as discovery referee. The referee made findings, and in response to submissions by the parties, made a second set of findings.

The parties appeared before the trial court for a hearing on defendant’s motion for summary judgment in the underlying action. The court granted the motion, and, sua sponte, without prior notice to the parties, took up Ms. Wegricht’s objections to the referee’s findings and recommendations on the motion to compel. At the conclusion of the hearing, the trial court awarded discovery sanctions…