ProperProPer
Junior Member
What is the name of your state (only U.S. law)? CA
ProPer obtains preliminary injunction assigning partition referee. Referee then appears in court ex parte to gain additional responsibilities. Referee is not an attorney.
Looking at a similar issue in federal court, In Re Shattuck 411 B.R. 378 (2009), it seems to me that the referee in this instance is guilty of practicing law without a license. The referee in CA apparently may ask the court by noticed motion for instruction CCP 873.070, but nothing else.
Is it legal for a referee to appear ex parte or is this practicing law without a license per Shattuck.
ProPer obtains preliminary injunction assigning partition referee. Referee then appears in court ex parte to gain additional responsibilities. Referee is not an attorney.
Looking at a similar issue in federal court, In Re Shattuck 411 B.R. 378 (2009), it seems to me that the referee in this instance is guilty of practicing law without a license. The referee in CA apparently may ask the court by noticed motion for instruction CCP 873.070, but nothing else.
Is it legal for a referee to appear ex parte or is this practicing law without a license per Shattuck.
