Currently before the Court is the demurrer by defendant Nat (Ned) E. Hales, Jr. (“Defendant”) to the first amended complaint (“FAC”) of plaintiff Susan Bassi (“Plaintiff”).
Factual and Procedural Background
This action arises out of a marital dissolution case, Robert A. Bassi v. Susan H. Bassi (Santa Clara County Superior Court, Case No. 2012-6-FL-009065) (“Dissolution Case”). (FAC, ¶¶ 2-10.)
Defendant was appointed as a referee in the Dissolution Case pursuant to a court order filed on April 28, 2014. (FAC, ¶ 2.) Defendant was appointed “to hear and determine all future discovery motions and judgments and to oversee the allocation of fees and costs” pursuant to Family Code section 2032, subdivision (b). (Ibid.) Subsequently, a court order containing the terms and conditions of Defendant’s appointment was filed on June 25, 2014. (Id., at ¶ 3.)
These two court orders allegedly “gave rise to a number of legal duties owed by Defendant to Plaintiff ....” (FAC, ¶ 4.) Specifically, Defen
Hearing Date
April 26, 2018
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Currently before the Court is the demurrer by defendant Nat (Ned) E. Hales, Jr. (“Defendant”) to the first amended complaint (“FAC”) of plaintiff Susan Bassi (“Plaintiff”).
Factual and Procedural Background
This action arises out of a marital dissolution case, Robert A. Bassi v. Susan H. Bassi (Santa Clara County Superior Court, Case No. 2012-6-FL-009065) (“Dissolution Case”). (FAC, ¶¶ 2-10.)
Defendant was appointed as a referee in the Dissolution Case pursuant to a court order filed on April 28, 2014. (FAC, ¶ 2.) Defendant was appointed “to hear and determine all future discovery motions and judgments and to oversee the allocation of fees and costs” pursuant to Family Code section 2032, subdivision (b). (Ibid.) Subsequently, a court order containing the terms and conditions of Defendant’s appointment was filed on June 25, 2014. (Id., at ¶ 3.)
These two court orders allegedly “gave rise to a number of legal duties owed by Defendant to Plaintiff ....” (FAC, ¶ 4.) Specifically, Defen