Winston Square Homeowner's Assn. v. Centex West, Inc

In Winston Square Homeowner's Assn. v. Centex West, Inc. (1989) 213 Cal. App. 3d 282, the court held that an award of fees for a discovery referee is allowable under section 1033.5, subdivision (c)(4), as such fees are not specifically disallowed in subdivision (b). In finding no abuse of discretion by the trial court, the Court of Appeal stated: "A special master having been appointed by the court, his or her fee is analogous to the award of 'fees of expert witnesses ordered by the court.' ( 1033.5, subd. (a)(8); see Estrin v. Fromsky (1942) 53 Cal. App. 2d 253, 255. . . .) The expense of court-appointed experts is first apportioned and charged to the parties, and then the prevailing party's share is allowed as an item of costs. The trial court acted well within the broad discretion granted to it by section 1033.5, subdivision (c)(4), when it allowed the special master fees as an item of costs." (Winston Square Homeowner's Assn. v. Centex West, Inc., supra, 213 Cal. App. 3d at p. 293.)