Can a temporary judge be appointed at a preliminary hearing?

Plaintiff argues Foosadas applies to this case. (Foosadas v. Superior Court (2005) 130 Cal.App.4th 649.) In Foosadas, we held that a defendant did not impliedly stipulate under a local rule to a commissioner serving as a temporary judge at his preliminary hearing by participating in prior proceedings that involved only the exercise of subordinate judicial duties. (Id. at pp. 653, 655.) We found that "[t]he trial court's attempt to create a rule that a party must object to the participation of a commissioner prior to the first hearing on a case, whether or not the hearing involves the performance of subordinate judicial duties not requiring a stipulation, is without legal foundation."

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