Quote Quoting vulgartech
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The form the bailiff handed the litigant was form CCP 170.6.
No it wasn't. "CCP 170.6" refers to section 170.6 of the Code of Civil Procedure. CCP 170.6 is a law that allows a party to a lawsuit to have the case reassigned to a different judicial officer based on alleged prejudice or bias but without having to produce any evidence of such. It has nothing to do with the parties consenting to a commissioner hearing the case.


Quote Quoting vulgartech
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Doesn't said litigant simply need to refuse to stipulate to the use of a commissioner and save that one usage of CCP 170.6 just in case said litigant REALLY does have a problem with the assigned Judge?
If you're asking whether a party may refuse to stipulate to a commissioner and then use CCP 170.6 to challenge the judge, the answer is yes.


Quote Quoting vulgartech
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Wouldn't you want to know ahead of time what Judge does get assigned and therefore reserve usage of CCP 170.6?
In small claims court, it likely matters little or not at all, but I suppose it might matter in some circumstances.


Quote Quoting vulgartech
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This is directly applicable to me because I intend to refuse to stipulate to a commissioner. Principally because I believe the matter has possible criminal components and a commissioner has a limited scope of authority and likely can't/won't refer this case for anything criminal because he/she lacks the authority to do so.
A commissioner certainly can refer a matter for criminal prosecution, but judicial officers rarely do so. If you want something investigated by the police or the district attorney, contact them.

Quote Quoting vulgartech
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The form in question is sdsc civ-249.
Parties consenting to a commissioner hearing a case need to sign a consent form. No form is needed to decline to stipulate to the use of a commissioner.


Quote Quoting vulgartech
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The rules in question are California Rules of Court, Rule 10.700(b) as it pertains to the scope of authority for a commissioner or judge pro tem.
CRC 10.700(b) says, "The primary role of subordinate judicial officers is to perform subordinate judicial duties. However, a presiding judge may assign a subordinate judicial officer to sit as a temporary judge where lawful, if the presiding judge determines that, because of a shortage of judges, it is necessary for the effective administration of justice." That has nothing at all to do with a commissioner's ability or lack thereof to refer a matter to the district attorney for possible criminal action.