Talbot Law Group has extensive experience handling discovery and accounting matters within litigated actions. Matthew Talbot is an active member of the exclusive Discovery Facilitator Panel for Contra Costa County Court.
Disputes regarding Discovery and Accounting matters within a pending action are often handled by a “Referee,” rather than being heard at length by the presiding Judge. The Referee is typically an experienced attorney who is either agreed to by the parties directly or appointed by the Court. The Referee hears and makes recommendations to the Court on discovery motions and disputes within an action (lawsuit). Discovery and Accounting Referees are most frequently used in complex matters where a disagreement between the parties exists. Because a Referee is not subject to the time constraints of the Court’s calendar, he or she can significantly reduce the time it takes to work through complex discovery and accounting issues, thus ensuring matters can be productively moved forward for all parties.
A Referee can either be directly appointed by the Court, or voluntarily agreed upon between the opposing parties. When the parties stipulate to a Referee outside of Court, disputes can be resolved more efficiently and at less cost. California CCP §638 and §639 outline the procedure through which a Referee may be appointed.
These types of disputes often materialize as Motions – including Motions to Compel, Motions for Protective Order, Motion to Compel Responses, Motions to Compel Further Responses, and Motions to Deem Requests for Admissions Admitted.
Matthew Talbot and his team are highly skilled in analyzing all codes and case law associated with these types of disputes and others that may arise in a discovery context, including California Code of Civil Procedure §2030.010 through §2030.410.
Many cases require in depth analysis of an accounting and potential damages associated with the management of funds by a non-professional fiduciary. An Accounting Referee will conduct a comprehensive analysis of a court accounting and provides a report to the Court. Accounting referees can be appointed on a voluntary basis (agreement between the parties) or a non voluntary basis (by court order) pursuant to the CA Code of Civil Procedure §638 and §639.
Matthew Talbot and his team have significant court experience with contested accountings. Our expertise includes extensive knowledge of the California Probate Codes specifically focused on accountings – such as §16063 and §1060-§1064.
Mr. Talbot has handled numerous actions that involve complex Probate, Conservatorship, and Trust Accountings, including the defense of accountings with allegations of mismanagement or misappropriation, and the prosecution of parties alleged to have mishandled funds. He has closely analyzed hundreds of court accountings and provided guidance to clients, attorneys, and the court regarding his findings.
To be successful in accounting matters, close attention to detail is required. Mr. Talbot brings both his attention to detail and ability to closely track movements of funds to every accounting matter.
Top San Francisco Bay Area Trust and Probate Law Firm.
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