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Stipulation For Appointment of Temporary Judge - Judgments Only

COMMISSIONER JOSANNA BERKOW (RET.)

JUDGE PRO TEM, SBN: 113068

C/o Karen Olson, Paralegal,

The Clocktower 301 Hartz Ave., Ste.226, Danville, CA 94526

Telephone: 925-640-2069

Fax: 925-552-7836

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF _________________________

Petitioner,


And


Respondent.                                               Case No.:   

STIPULATION FOR APPOINTMENT

OF TEMPORARY JUDGE 

STIPULATION FOR APPOINTMENT OF TEMPORARY JUDGE, AUTHORITY, CONDITIONS OF TRIAL, PROCEDURE, AND ORDER

              Pursuant to the provisions of California Constitution Article VI, Section 21, and California Rules of Court, Rule 2.830 et seq, the parties personally and through their respective counsel do hereby stipulate as follows: 

1.             Temporary Judge

That JOSANNA BERKOW, a member of the State Bar of California and retired Superior Court Commissioner, be appointed as a Temporary Judge to hear and determine the above-entitled matter until its final determination in the Superior Court. The address of

JOSANNA BERKOW and her telephone number are as follows:

COMMISSIONER JOSANNA BERKOW (RET.)

JUDGE PRO TEM

C/o Karen Olson, Paralegal,

The Clocktower 301 Hartz Ave., Ste.226, Danville, CA 94526

Telephone: 925-640-2069

Fax: 925-552-7836

 2.             Parties and Attorneys  

The parties to this cause and their attorneys are: 

Petitioner

Attorney for Petitioner (address/email/phone)

Respondent

Attorney for Respondent (address/email/phone)   

 3.             Issues To Be Submitted       

              Except as may be hereinafter specified, the Temporary Judge shall review and approve or reject the Stipulated Judgment, review and sign off on the procedural requirements for entry of Judgment, sign the Judgment, and shall act in the capacity of a Temporary Judge until the conclusion of the entry of the Judgment which could have been determined within the jurisdiction of the Superior Court.

              Neither party waives any appellate or other rights which would be available in a Superior Court trial and/or proceedings, and all rules of law and procedures which normally would apply to the Superior Court matter shall apply to this matter. The parties further stipulate that the Temporary Judge shall have the power to exercise any and all powers possessed by a Judge of the Superior Court for ultimate disposition of this matter as described above.

              The parties further stipulate that the appointment of judge pro tem status upon the judge pro tem shall be terminated upon the successful filing of the stipulated judgment and its additional required pleadings.           

4.             Compensation and Costs, Employment of Experts

            The compensation of the Temporary Judge shall be as agreed upon by the parties and the Temporary Judge, for all of the time spent on the case for a fee of $ 600.00 unless a different fee is agreed upon in writing.

            The Temporary Judge shall be allowed to recuse herself at any time during the pendency of this proceeding in her sole discretion for any reason whatsoever. Any disputes regarding the payment of the Temporary Judge’s fees shall be resolved by the Presiding Judge of the Superior Court.

5.             Date of Entry of Final Judgment

            The parties desire to have this matter determined as soon as practically possible. The date for entry of Judgment shall be determined by agreement of the parties and the Temporary Judge or, if the parties cannot agree, then by the Temporary Judge alone.

Dated:                                                               Dated:

____________________                                 ____________________

Petitioner                                                          Respondent

JOINDER BY COUNSEL OF RECORD

            The foregoing Stipulation is approved as to form and content. Counsel of record for the respective parties join therein and, on behalf of their respective clients, do hereby so stipulate.

Dated:                                                                           Dated:

By:  __________________________                                                                      

By: __________________________ 

 Attorney for Petitioner Attorney for Respondent

CONSENT

I, JOSANNA BERKOW, as a member of the State Bar of California and a Superior Court Commissioner (Ret), do hereby consent to act as Temporary Judge until final determination of this matter as set forth in the above Stipulation.

Dated: __________________________

JOSANNA BERKOW

Judge Pro Tem

APPROVAL AND ORDER DESIGNATING TEMPORARY JUDGE

IT IS ORDERED AS FOLLOWS:

1.             The Stipulation of the parties that JOSANNA BERKOW serve as Temporary Judge in this case is hereby approved.

2.             JOSANNA BERKOW, having consented to so act, and having previously taken and subscribed to the oath of office as a Judge Pro Tem Commissioner of the San Francisco Superior Court, is hereby appointed and designated as Temporary Judge to hear and determine this matter until its final determination in the Superior Court. Said Temporary Judge is hereby granted all of the powers provided above.

Dated:


_________________________________________

PRESIDING JUDGE OF THE SUPERIOR COURT

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