The decision of the referee appointed pursuant to Section 638 or commissioner may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the decision reported has the effect of a special verdict.
§ 645.Decision Excepted to and Reviewed As If Made By Court
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 645 lets a § 638 referee's or commissioner's decision be excepted to and reviewed the same way a court decision would be, and gives a fact-finding reference report the effect of a special verdict.
Full Text of § 645
Plain-English Summary
Because a § 638 general reference decision stands in for the court's own decision under § 644, this section gives it the same review path. A party can except to and seek review of the referee's or commissioner's decision exactly as if the court itself had decided the case.
Where the reference was narrower — limited to reporting facts rather than deciding the whole matter — the decision reported carries the effect of a special verdict, the same status a jury's specific factual findings would carry in an ordinary trial.
Frequently Asked Questions
How is a § 638 referee's decision reviewed?
The same way a court's decision would be excepted to and reviewed.
What effect does a fact-reporting reference have?
When the reference is to report the facts, the decision reported has the effect of a special verdict.
Amendment History
Amended by Stats 2000 ch 644 (AB 2912), s 10, 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: reviewing referee decision californiaspecial verdict effect reference