If you don't want the commissioner to hear the case, you don't sign the stipulation. The case should then be immediately referred to the presiding judge and assigned to another department. There are no temporary rulings in small claims. The case is called on the day it's calendared for hearing and the trial begins. If no other departments are available the date the hearing was set for, it will be continued and likely not assigned to a particular department until the day before when the calendar is finalized in the clerk's office. The commissioner for small claims is hired by the superior court judges. They are sent to judge's school just like the judges and they serve at the pleasure of the judges. They are employees of the superior court, and they aren't pro-tems. Pro-tems are attorneys who take a course and are approved by the judges to serve when the commissioner is unavailable.

