A party may object to the appointment of any person as referee, on one or more of the following grounds:
§ 641.Grounds For Objecting to Person Appointed As Referee
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 6. Of References and Trials by Referees · Last amended 2001 · Last verified July 28, 2026
In one sentenceSection 641 lists seven grounds a party may raise to object to a person's appointment as referee, mirroring most of the disqualifying grounds that apply to jurors, from lack of statutory qualifications to bias or a formed opinion on the merits.
Full Text of § 641
(a) A want of any of the qualifications prescribed by statute to render a person competent as a juror, except a requirement of residence within a particular county in the state.
(b) Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointment shall be made.
(c) Standing in the relation of guardian and ward, conservator and conservatee, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party; or a partner in business with either party; or security on any bond or obligation for either party.
(d) Having served as a juror or been a witness on any trial between the same parties.
(e) Interest on the part of the person in the event of the action, or in the main question involved in the action.
(f) Having formed or expressed an unqualified opinion or belief as to the merits of the action.
(g) The existence of a state of mind in the potential referee evincing enmity against or bias toward either party.
Plain-English Summary
Not every proposed referee is fit to serve, and this section gives parties a defined set of objections to raise. A party can object based on a want of the qualifications a statute requires for jury service — except that residence within a particular county doesn't matter for a referee — or based on consanguinity or affinity within the third degree to a party, a corporate officer who is a party, or a judge of the appointing court.
Other grounds track relationships and history that could compromise neutrality: standing as guardian and ward, conservator and conservatee, master and servant, employer and clerk, or principal and agent with a party; membership in a party's family; a business partnership with a party; or serving as surety on a party's bond. A person who served as a juror or witness in an earlier trial between the same parties is likewise objectionable, as is anyone with a personal interest in the outcome or the main question in the case, anyone who has already formed or expressed an unqualified opinion on the merits, and anyone whose state of mind shows enmity or bias toward either side.
Frequently Asked Questions
On what grounds can a party object to a proposed referee?
Seven grounds: lack of statutory juror qualifications (except county residency), close family relationship to a party or judge, certain personal or business relationships with a party, prior service as a juror or witness between the same parties, a personal interest in the case, a formed opinion on the merits, or bias toward a party.
Does county residency disqualify a proposed referee the way it might a juror?
No. Section 641(a) specifically excludes a county-residency requirement from the qualifications a referee must meet.
Amendment History
Amended by Stats 2000 ch 644 (AB 2912), s 4, eff. 1/1/2001.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: objecting to referee californiareferee disqualification grounds