Judge: Blaine K. Bowman, Case: 37-2023-00024008-CU-OR-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 30, 2024

05/31/2024  08:30:00 AM  C-74 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Blaine K. Bowman

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2023-00024008-CU-OR-CTL SAUCEDO VS SAUCEDO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff's motion for interlocutory judgment of partition and appointment of referee is DENIED.

None of the authorities Plaintiff relies on allows the court to render a judgment of partition via the motion now before this court. The first case Plaintiff cites is Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599. In Bacon the judgments of dismissal at issue were entered after the defendants' demurrers were sustained and plaintiff declined to amend. Bacon, 97 Cal.App.2d at 600. The judgments were reversed by the court of appeal. Bacon, 97 Cal.App.2d at 606. In its discussion supporting reversal, Bacon sets forth the procedure for partition.

In the instant case, plaintiff has alleged facts from which it clearly appears that plaintiff is a cotenant with the other owners of the fee title in the property involved. As such cotenant, plaintiff may be entitled to partition and if so, may be entitled to have his rights, as well as those of defendants having interests in the property, put in issue, tried and determined. No partition can be had until the interests of all the parties have been ascertained and settled by a trial. (Withington v. Collins, 60 Cal.App.2d 110, 113 [140 P.2d 493]; Code Civ. Proc., § 759.) Bacon, 97 Cal.App.2d at 603. The relief Plaintiff seeks on this motion is contrary to the procedure set forth in Bacon.

The other case Plaintiff cites in Plaintiff's moving papers on this issue is Priddel v. Shankie (1945) 69 Cal.App.2d 319. Priddel is distinguishable because it involves an appeal from a judgment of partition following a trial. Plaintiff cites no other case authority in Plaintiff's moving papers to support Plaintiff's argument for the relief Plaintiff seeks on this motion. Plaintiff also cites to CCP § 872.720. While this section allows for an interlocutory judgment of partition, nothing in this section allows for such relief on the type of motion now before this court. In reply on this issue Plaintiff cites to San Diegans for Open Government v. Har Construction, Inc. (2015) 240 Cal.App.4th 611. Preliminarily, San Diegans for Open Government is not a partition case. Plaintiff relies on the language 'the parties were free to bring other dispositive motions (e.g., a motion for summary judgment or judgment on the pleadings)' [San Diegans for Open Government, 240 Cal.App.4th at 626]. In so doing Plaintiff ignores that Plaintiff has brought neither a motion for summary judgment nor a motion for judgment on the pleadings. Plaintiff's reliance on LEG Investments v. Boxler (2010) 183 Cal.App.4th 484 and White v. White (1936) 11 Cal.App.2d 570 is similarly misplaced as the judgment by partition in LEG Investments was entered following a successful motion for summary adjudication and the judgment by partition in White was entered following a successful motion for judgment on the pleadings. Plaintiff fails to establish that Plaintiff is entitled to such relief absent bringing either a motion for judgment on the pleadings or motion for Calendar No.: Event ID:  TENTATIVE RULINGS

3100227  1 CASE NUMBER: CASE TITLE:  SAUCEDO VS SAUCEDO [IMAGED]  37-2023-00024008-CU-OR-CTL summary judgment/summary adjudication.

If this tentative ruling is confirmed the Minute Order will be the final order of the court and the parties shall not submit any further order on this motion.

Unless the ruling(s) above indicate that an appearance is necessary, parties who wish to submit, who are satisfied with the above tentative ruling(s), and/or who do not otherwise wish to argue the motion(s) are encouraged to give notice to the Court and each other of their intention not to appear.

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