California, United States of America
The following excerpt is from U.S. Fidelity & Guaranty Co. v. Superior Court, 204 Cal.App.3d 1513, 252 Cal.Rptr. 320 (Cal. App. 1988):
Nor is there any proscription against a referee's determination of the reasonableness of the fees that are the subject of the reference. Looking at the statutory language, the matter of the reasonableness of fees literally is a part of the "whole issue." Moreover, other types of cases not dealing with attorney's fees have approved referee determination of value, a matter that includes some measuring of reasonableness. (See Fredendall v. Shrader (1920) 45 Cal.App. 719, 726-727, 188 P. 580, determination of market value of oil sold or disposed of by defendant improperly in control of an oil company; Fooshe v. Sunshine (1950) 96 Cal.App.2d 336, 345-346, 215 P.2d 66, partnership accounting determining whether partnership operated at a profit or a loss for purposes of assessing propriety of one partner's withdrawals.) We conclude the referee may make his determination[204 Cal.App.3d 1529] of the reasonableness of the attorney's fees in question and include this determination in his recommendation to the court which, after all, makes the final factual determination of the matter.
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