Defendant’s Motion for Appointment of Discovery Referee at Plaintiff’s Counsel’s Expense – DENIED, without prejudice.
At this point, the Court is not inclined to appoint a discovery referee to oversee depositions in this action. The instant dispute appears to be primarily fueled by acrimony between counsel, which has been further demonstrated by their claimed inability to cooperate with each other to the minimal degree necessary to submit a Joint Status Statement as ordered by the Court. The Court looks with disfavor on the use of law and motion proceedings as a means to regulate counsel’s bad behavior and reminds counsel that they are officers of the court who are expected to conduct themselves with honor and to treat opposing counsel with civility. (See, e.g. LaSalle v. Vogel (2019) 36 Cal.App.5th 127, 133-134.)
Moreover, the defense has not provided (and the Court has not found) authority supporting the exercise of the Court’s discretion to impose the cost of a discovery referee on