What is the effect of failing to seek a timely review of a decision made by a referee?

California, United States of America


The following excerpt is from Calvert v. State Bar, 1 Cal.Rptr.2d 684, 54 Cal.3d 765, 819 P.2d 424 (Cal. 1991):

Under rule 230 petitioner had 10 days from the referee's denial of her challenge to file a motion with the presiding referee seeking the recusal of the referee she had challenged. 4 Petitioner did not do so. We conclude she waived the claim of prejudice by failing to seek timely review. (See Tarver v. State Bar (1984) 37 Cal.3d 122, 130, fn. 2, 207 Cal.Rptr. 302, 688 P.2d 911; Hamilton v. State Bar (1979) 23 Cal.3d 868, 878, 153 Cal.Rptr. 602, 591 P.2d 1254.)

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