Settlemire

The trial court assigns an order to show cause hearing involving a domestic restraining order and several other related issues to a commissioner for hearing. The attorney representing one of the parties will not stipulate to the commissioner and moves the court to vacate the assignment. The trial court denies the motion and assigns the case to the same commissioner “for a hearing, and findings on any matter of fact upon which information is required by the Court.”

This broad and imprecise order does not state the specific facts the commissioner is to decide. The order is like sending someone to the market to get food without a shopping list. We therefore grant a writ of mandate vacating the order.

Facts

Patricia Settlemire applied for a domestic violence restraining order against her husband, Randall Lane Settlemire (hereafter Settlemire), in the San Luis Obispo Superior Court. Commissioner Lane Stewart issued a temporary restraining order and set the matter for an order to show cause hearing to determine not just the restraining order, but temporary child custody, visitation, disposition of a community asset, the relinquishment of firearms, and the exclusion of…