(a) In the case of a consensual general reference pursuant to Section 638, the decision of the referee or commissioner upon the whole issue must stand as the decision of the court, and upon filing of the statement of decision with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.
§ 644.Judgment Entered On Statement of Decision
Title 8. Of the Trial and Judgment In Civil Actions · Chapter 6. Of References and Trials by Referees · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 644 makes a consensual general reference referee's decision under § 638 stand as the decision of the court, letting judgment be entered on it once filed, while treating a nonconsensual referee's decision under § 639 as merely advisory, adoptable in whole or part only after the court independently considers the findings.
Full Text of § 644
(b) In the case of all other references, the decision of the referee or commissioner is only advisory. The court may adopt the referee's recommendations, in whole or in part, after independently considering the referee's findings and any objections and responses thereto filed with the court.
Plain-English Summary
This section marks the sharpest line in the whole reference chapter: how much weight a referee's decision carries depends entirely on whether the reference was consensual. In a general reference under § 638, the referee's or commissioner's decision on the whole issue stands as the court's own decision — once the statement of decision is filed with the clerk, judgment can be entered on it exactly as if the court itself had tried the case.
Every other kind of reference, chiefly the nonconsensual § 639 references used for discovery disputes and similar matters, produces something advisory only. The court can adopt the referee's recommendations in whole or in part, but only after independently considering the referee's findings along with any objections and responses filed under § 643.
Frequently Asked Questions
Does a referee's decision automatically become the judgment?
Only for a consensual general reference under § 638 — the referee's decision there stands as the court's decision, and judgment may be entered on it once filed.
Is a referee's report from a § 639 appointment binding on the court?
No, it's advisory only. The court may adopt it in whole or part, but only after independently considering the findings and any objections.
Amendment History
Amended by Stats 2007 ch 263 (AB 310),s 8, eff. 1/1/2008. Amended by Stats 2000 ch 644 (AB 2912), s 9, 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: consensual reference judgment californiaadvisory referee decision