Spring 2003 • Issue 9, page 11
Can a receiver be assigned to a referee by stipulation, and take instruction from the referee?
By Davidson, Peter*
Q: Can a receiver be assigned to a referee by stipulation, and take
instruction from the referee?
A: A receiver is an officer of the court, appointed by and directed
by the court. After the receiver’s appointment, the receivership
proceeding can be assigned to a referee, either by stipulation or
otherwise. The receiver as an officer of the court cannot take
instructions directly from the referee, however. Any instruction or orders
issued by the referee and intended for the receiver must first be
submitted to the court for review and approval. In effect, the referee may
make a report and recommendation to the court, which then may (or may not)
issue the recommended order. See generally, C.C.P. ¶¶639, 643, and 644.
For the same reasons, receivers cannot be appointed by arbitrators or take
instruction from arbitrators. Marsch v. Williams, 23 Cal. App. 4th 238
*Peter A. Davidson, located in Los Angeles, is a receiver and an
attorney who specializes in representing receivers in state and federal
court. The views of Mr. Davidson are not necessarily those of the
California Receivers Forum or the California Receivers Forum Newsletter.
Nor are the views expressed by Mr. Davidson intended to be relied upon as