Judge: Armen Tamzarian, Case: 20STCV18798, Date: 2023-12-07 Tentative Ruling

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Case Number: 20STCV18798    Hearing Date: January 23, 2024    Dept: 52

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

The court hereby appoints Matthew L. Taylor as a referee in this action (the Referee) pursuant to the following terms and conditions:

1.         The Referee shall have authority to make all decisions necessary for the listing, marketing, and sale of the real property located at 8203 Zitola Terrace, Los Angeles, California 90293, APN 4115-005-017 (the Property).  If time permits, the Referee shall make a good faith effort to consult with plaintiff Lauren Drablier and defendant John Thomas McGuire on all major decisions concerning the listing, marketing, and sale of the Property.

2.         If either or both parties fail or refuse to sign any documents necessary for the listing, marketing, or sale of the Property, the Referee shall have the power to sign all necessary documents on behalf of the parties.  The Referee’s authority includes, but is not limited to, the power to do the following:

·        Set the price for sale of the Property

·        Accept offers and make counter offers for the sale of the Property

·        Sign real estate listing agreements and other documents necessary for the sale of the Property

·        Sign all necessary escrow documents.

3.         The Referee shall use _________________________ as the escrow company for the sale of the Property (the Escrow Company).  All proceeds from the sale of the Property shall be placed in escrow.  The Escrow Company shall not release any funds to the Referee or either party without court approval.  The Referee may direct the Escrow Company to release funds to third parties in furtherance of the sale of the Property without court approval.     

4.         The Referee may retain the services of a real estate sales broker to sell the Property.  Before doing so, the Referee shall consult with the parties, through their respective lawyers.  If the parties agree upon the retention of a certain real estate broker, the Referee shall use that broker. 

5.         The Referee shall be paid $300 per hour for his services.  The Referee shall submit invoices for services to the parties on a monthly basis.  The Referee shall be paid for his services directly by the Escrow Company.  Upon the opening of escrow for the sale of the Property, the Referee may file a motion for approval of past fees and anticipated fees through the hearing date on the motion.  If the Referee provides additional services after the court adjudicates his motion for fees, upon competition of services, the Referee may file another motion for an additional payment.

6.         The Referee shall be compensated for the time he spends making a motion for approval of fees.  In lieu of a motion, the parties may submit a stipulation and proposed order approving the Referee’s request for fees.

            7.         The parties shall cooperate with one another and the Referee in connection with the listing, marketing, and sale of the Property.  The parties shall also cooperate with the Escrow Company in the payment of the Referee’s fees. 

            8.         Plaintiff Lauren Drablier and defendant John Thomas McGuire, and their agents and all others acting in concert with them, are restrained from, and shall refrain from, obstructing or interfering in any manner with the Referee’s sale of the Property and the Referee’s discharge of his duties under this order. 

                                                            IT IS SO ORDERED

Dated: January 23, 2024