Section 2405 Of Article 1. Definitions And General Provisions From California Probate Code >> Division 4. >> Part 4. >> Chapter 6. >> Article 1.
2405
. If there is a dispute relating to the estate between the
guardian or conservator and a third person, the guardian or
conservator, or the limited conservator to the extent specifically
and expressly provided in the order appointing the limited
conservator, may do either of the following:
(a) Enter into an agreement in writing with the third person to
refer the dispute to a temporary judge designated in the agreement.
The agreement shall be filed with the clerk, who shall thereupon,
with the approval of the court, enter an order referring the matter
to the designated person. The temporary judge shall proceed promptly
to hear and determine the matter in controversy by summary procedure,
without any pleadings, discovery, or jury trial. The decision of the
temporary judge is subject to Section 632 of the Code of Civil
Procedure. Judgment shall be entered on the decision and is as valid
and effective as if rendered by a judge of the court in an action
against the guardian or conservator or the third person commenced by
ordinary process.
(b) Enter into an agreement in writing with the third person that
a judge of the court, pursuant to the agreement and with the written
consent of the judge, both filed with the clerk within the time for
bringing an independent action on the matter in dispute, may hear and
determine the dispute pursuant to the procedure provided in
subdivision (a).