Whether Referee Or Trial Court Decided The Case Would Have Made No Difference, Because The Case Was Decided Correctly.
It was the last 1 ½ pages of this published 27 page slip opinion that caught our attention, because it referred to appointment of a referee, and reference is one of this blog's sidebar categories. Stella v. Asset Management Consultants, Inc., et al., B269207 (2/7 filed 1/17, pub. 2/6/17) (Perluss, Zelon, Segal).
Plaintiff/Appellant Stella appealed from a judgment of dismissal entered after a judicial referee sustained without leave to amend all demurrers to Stella's amended complaint based on the statute of limitations. The Court of Appeal agreed that the statute of limitations barred all causes of action.
Stella's last argument was that it was erroneous to order a general reference. As the Court of Appeal explained, any error was harmless, because whether a referee or a trial court sustained the demurrers "could not possibly have affected the outcome of the case."
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