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CARR BUSINESS ENTERPRISES, INC. v. CITY OF CHOWCHILLA

No. F052704.

166 Cal.App.4th 25 (2008)

CARR BUSINESS ENTERPRISES, INC., Plaintiff and Respondent, v. CITY OF CHOWCHILLA, Defendant and Appellant.

Court of Appeals of California, Fifth District.

August 20, 2008.

Attorney(s) appearing for the Case

Hargrove & Costanzo, Costanzo & Associates and Neal E. Costanzo for Defendant and Appellant.

Charles L. Doerksen for Plaintiff and Respondent.

OPINION

WISEMAN, J.

We hold that a stipulated judicial reference agreement made pursuant to Code of Civil Procedure section 638, which includes a provision to split the referee's fees equally between the parties, is enforceable and precludes recovery of the prevailing party's 50 percent share of the referee's fees as an item of costs.

PROCEDURAL AND FACTUAL HISTORIES

This appeal comes after remand in litigation...

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