Common use of Judicial Reference Proceedings Clause in Contracts

Judicial Reference Proceedings. Upon the written request of any Party, a Dispute, including any and all questions of law or fact relating thereto, shall be resolved exclusively pursuant to the provisions for reference and trial by referee (without jury) set forth in California Code of Civil Procedure §638 et seq., as expressly modified by the provisions hereof (“Reference Proceeding”). The referee (“Referee”) shall be a retired or former Superior Court judge residing in San Diego County, California, who is either (1) agreed to by the parties within fifteen (15) days of the notice by any party to the other of the intention to initiate a Reference Proceeding pursuant to this Section to resolve the Dispute, or (2) failing such agreement, is appointed pursuant to California Code of Civil Procedure §640 in an action filed in the Superior Court of San Diego County, California (the “Court”). The Parties agree that any Party may file with the Clerk of the Court, and/or with the appropriate judge of such Court, any and all petitions, motions, applications or other documents necessary to obtain the appointment of such a Referee immediately upon the commencement of any Reference Proceeding, and to conduct all necessary discovery and to proceed to a trial as expeditiously as possible. It is the Parties’ intention, and the Parties and the Referee shall use their best efforts to be certain, that (a) discovery be conducted for a period no longer than six (6) months from the date (“Referee Date”) the Referee is appointed (whether by stipulation or by the Court), excluding motions regarding discovery, and (b) trial be set on a date that is within nine (9) months of the Referee Date. All discovery motions shall be filed with the Referee and served upon the opposing Party no later than one week after the end of the six-month discovery period. All proceedings, including trial, before the Referee, shall be conducted at a neutral location (unless otherwise stipulated by the Parties). The Parties agree that said Referee shall be a judge for all purposes (including (i) ruling on any and all discovery matters and motions and any and all pretrial or trial motions, (ii) setting a schedule of pretrial proceedings, and (iii) making any other orders or rulings a sitting judge of the Court would be empowered to make in any action or proceeding in the Court. Any matter before the Referee shall be governed by the substantive law of California, its Code of Civil Procedure, Rules of Court, and Evidence Code, except as otherwise specifically agreed by the Parties and approved by the Referee. The Parties intend this general reference agreement to be specifically enforceable in accordance with the California Code of Civil Procedure. Any appeal of the decisions of the Referee shall be appealable to the same extent and in the same manner that such decision would be appealable if rendered by a judge of the Court. The Referee shall in his/her statement of decisions set forth his/her findings of fact and conclusions of law. During the pendency of any such Reference Proceeding and before the entry of any judgment therein, each of the Parties to such Reference Proceeding shall bear equal shares of the fees charged and costs incurred by the Referee in connection with performing the services provided in this Section. The compensation of the Referee shall not exceed the prevailing rate for like services. LABOR CODE AND OTHER LABOR/WORKFORCE REQUIREMENTS: The Designer/Builder shall comply with all applicable provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1‑5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the District. In addition, the Designer/Builder and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with Section 1720, and including Section 1735, 1777.5 and 1777.6, forbidding discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Designer/Builder or subcontractor. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts.

Judicial Reference Proceedings. Upon the written request of any Party, a Dispute, including any and all questions of law or fact relating thereto, shall be resolved exclusively pursuant to the provisions for reference and trial by referee (without jury) set forth in California Code of Civil Procedure §638 et seq., as expressly modified by the provisions hereof (“Reference Proceeding”). The referee (“Referee”) shall be a retired or former Superior Court judge residing in San Diego Merced County, California, who is either (1) agreed to by the parties within fifteen twenty (1520) days Business Days of the notice by any party to the other of the intention to initiate a Reference Proceeding pursuant to this Section 17.03 to resolve the Dispute, or (2) failing such agreement, is appointed pursuant to California Code of Civil Procedure §640 in an action filed in the Superior Court of San Diego Merced County, California (the “Court”). The Reference Proceeding shall take place in Merced County. The Parties agree that any Party may file with the Clerk of the Court, and/or with the appropriate judge of such Court, any and all petitions, motions, applications or other documents necessary to obtain the appointment of such a Referee immediately upon the commencement of any Reference Proceeding, and to conduct all necessary discovery and to proceed to a trial as expeditiously as possible. It is the Parties’ intention, and the Parties and the Referee shall use their best efforts to be certain, that (a) discovery be conducted for a period no longer than six (6) months from the date (“Referee Date”) the Referee is appointed (whether by stipulation or by the Court), excluding motions regarding discovery, and (b) trial be set on a date that is within nine (9) months of the Referee Date. All discovery motions shall be filed with the Referee and served upon the opposing Party no later than one week after the end of the six-month discovery period. All proceedings, including trial, before the Referee, shall be conducted at a neutral location (unless otherwise stipulated by the Parties). The Parties agree that said Referee shall be a judge for all purposes (purposes, including (i) ruling on any and all discovery matters and motions and any and all pretrial or trial motions, (ii) setting a schedule of pretrial proceedings, and (iii) making any other orders or rulings a sitting judge of the Court would be empowered to make in any action or proceeding in the Court. Any matter before the Referee shall be governed by the substantive law of California, its Code of Civil Procedure, Rules of Court, and Evidence Code, except as otherwise specifically agreed by the Parties and approved by the Referee. The Parties intend this general reference agreement to be specifically enforceable in accordance with the California Code of Civil Procedure. Any appeal of the decisions of the Referee shall be appealable to the same extent and in the same manner that such decision would be appealable if rendered by a judge of the Court. The Referee shall in his/her statement of decisions set forth his/her findings of fact and conclusions of law. During the pendency of any such Reference Proceeding and before the entry of any judgment therein, each of the Parties to such Reference Proceeding shall bear equal shares of the fees charged and costs incurred by the Referee in connection with performing the services provided in this SectionSection 17.03. The compensation of the Referee shall not exceed the prevailing rate for like services. LABOR CODE AND OTHER LABOR/WORKFORCE REQUIREMENTS: The Designer/Builder shall comply with all applicable provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1‑5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the District. In addition, the Designer/Builder and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with Section 1720, and including Section 1735, 1777.5 and 1777.6, forbidding discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Designer/Builder or subcontractor. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts.