California, United States of America
The following excerpt is from Elena S. v. Kroutik, 202 Cal.Rptr.3d 318, 247 Cal.App.4th 570 (Cal. App. 2016):
Vlad relies on only one other case involving failure to stipulate to a commissioner in a domestic violence restraining order hearing, Michaels v. Turk (2015) 239 Cal.App.4th 1411, 191 Cal.Rptr.3d 669. Michaels is distinguishable from this case. In Michaels, a sign posted in the courtroom stated that failure to object to the commissioner constituted consent. Respondent based his sole argument on an implied waiver based on the sign's message. This argument failed on two counts. First, the appellate court concluded that there was no evidence that appellant actually viewed the sign. (Michaels, at pp. 14141416, 191 Cal.Rptr.3d 669.) Second, a local rule in Riverside County (not applicable in this case) provided that all stipulations to commissioners
[247 Cal.App.4th 577]
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