Vera Livingstone has served the San Diego Court as a Special Master for 20 years

Vera, A. Livingstone - Attorney, Owner

What is a special master in a family law proceeding?

Under California law, the appointment of a special master in family court proceedings is governed by statutory authority and procedural guidelines. A special master may be appointed to assist the court in resolving complex factual or procedural issues, such as discovery disputes, clarifying simple disputes, valuing personal property, determining income available for support, or to help the court achieve a fair and efficient resolution of complex cases.

What is the statutory authority for the appointment of a special master?

California code of civil procedure section 638 allows the parties to stipulate for the court to appoint a special master to appoint a referee to hear and determine any or all issues in an action or proceeding, whether of fact or law, and to report a statement of decision. This section is often used to facilitate the resolution of complex cases by delegating certain matters to a referee who can provide a detailed report to the court.

California code of civil procedure section 639 provides the statutory authority for appointing a referee or special master. A court may appoint a special master to address specific issues, such as the examination of complex accounts, discovery disputes, or other factual determinations necessary for the resolution of a case. The appointment may be made upon the motion of a party or on the court's own motion, and the order must specify the scope of the special master's authority.

In family court matters, a special master may be appointed to address issues such as determining income for spousal or child support, valuing personal property, and resolving discovery disputes. However, the authority of the special master is limited to making factual findings and recommendations, which are advisory unless adopted by the court.

How is a special master appointed?

The court must issue a written order specifying the scope of the special master's authority, the issues to be addressed, and whether the special master is appointed for all purposes or limited purposes. The court must consider the economic ability of the parties to pay the special master's fees. The court must ensure that the appointment does not impose an undue financial burden on the parties.

The appointment of a special master for discovery disputes is governed by California code of civil procedure section 639(a)(5). Such appointments are not to be made routinely and must be justified by exceptional circumstances. The special master's findings in discovery matters are advisory and subject to the court's independent review.

What special master tasks can Vera assist the family court with?

Add backs and income determination: a special master may be appointed to determine the income available for support, including the evaluation of add-backs to business income. However, absent a stipulation by the parties, the special master cannot make binding factual findings or judicial determinations. Delegation of judicial authority to a special master for such purposes is improper unless expressly agreed upon by the parties.

Personal property valuation: in cases involving disputes over the valuation of personal property, a special master may assist the court by gathering data and making recommendations. The court retains the ultimate authority to adopt or reject the special master’s findings.

Discovery disputes: a special master may be appointed to resolve discovery disputes under section 639(a)(5). The special master’s role is limited to making recommendations, which the court may adopt after independent review.

Miscellaneous: Recently, Vera was appointed as a special master to determine how child support is being used by a party.

What special master roles has Vera performed for the criminal court?

Vera has been appointed by the court to enforce criminal warrants in sting operations and at the county jail. Private attorneys have retained her to oversee the limitations set by the court on certain warrants. She’s testified before a grand jury on the process to ensure the procedural and legal integrity of the cases she worked on.

The court must ensure that the special master’s authority is clearly defined and does not infringe upon judicial functions so that the special master fully understands the parameters of their appointment.

What are the limitations of a special master?

The authority of a special master is limited to the scope defined in the court's order of appointment. A special master cannot make binding judicial determinations unless the parties have stipulated such authority. For example, in proceedings to modify spousal support, the delegation of authority to a special master to make binding factual findings was deemed improper absent a stipulation by the parties. Additionally, the court must independently review the special master's findings before adopting them.

The appointment of a special master under California law is governed by statutory authority and procedural guidelines. A special master may assist the court in resolving complex factual or procedural issues, but their authority is limited to making advisory recommendations unless the parties stipulate otherwise. The court must ensure that the appointment is justified, economically feasible, and does not improperly delegate judicial authority. By adhering to these principles, the use of a special master can enhance the efficiency and fairness of family court proceedings.


Special masters play a critical role in the fair and efficient resolution of complex legal cases, providing valuable assistance to the court and helping ensure that the parties receive a fair and just outcome. Contact Vera at livingstonelawsd.com or visit livingstonelawsd.com for more information.