Marathon Nat. Bank v. SUPERIOR COURT OF LOS ANGELES CTY.

The question in this case is whether a trial court must hold a hearing before acting upon a discovery referee’s report. We hold that the trial court must independently consider the referee’s findings and any objections submitted by the parties before accepting or rejecting the referee’s recommendations but that this may be done in whatever manner the trial court deems appropriate under the circumstances, with or without a hearing.

Background

Richard Campbell sued Marathon National Bank (and some individually named officers and other employees), claiming his employment had been wrongfully terminated. Marathon answered and discovery proceeded apace, followed by a series of schoolyard squabbles, motions for orders compelling one thing or another and requests for sanctions. At Marathon’s request, the trial court appointed a retired judge (Hon. Richard P. Byrne) as a referee to resolve all discovery disputes, those then existing and those which would inevitably arise in the future. (Code Civ. Proc., § 639, subd. (e).)

Among other things, the order appointing Judge Byrne directed him to submit a written report to the trial court with specific recommendations and permitted…