Judge: Christian R. Gullon, Case: 22PSCV00739, Date: 2023-06-22 Tentative Ruling

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Case Number: 22PSCV00739    Hearing Date: November 29, 2023    Dept: O

Tentative Ruling

Plaintiff’s Application for Entry of Default is DENIED without prejudice.

Discussion

This is a partition action. Plaintiff CRYSTAL DURON, ADMINISTRATOR OF THE DECEDENT ESTATE OF JOE JESSE DURON (“Plaintiff”) alleges the following against Defendant ALICIA DURON (“Defendant”):  Plaintiff’s father, Joe Duron, owned an undivided one-half (½) fee simple interest as a tenant in common in the subject property and Defendant owned the other one-half in fee simple. However, on March 1, 2022, after decedent’s death, Defendant illegally and fraudulently converted the 50% interest belonging to the Decedent to herself by recording an affidavit of Death of Joint Tenant in total disregard of the Probate case, which Defendant appeared at the hearings but stop making appearances after March 1, 2022.

On July 19, 2022, Plaintiff filed a verified complaint for PARTITION OF REAL PROPERTY, specifically seeking judgment partitioning the Real Property by sale and dividing the proceeds between the parties.

On October 12, 2022, default was entered against Defendant.

On May 1, 2023, Plaintiff filed her first default judgment application.

On June 22, 2023, the court denied the default judgment without prejudice. There was no appearance by the Plaintiff during the hearing.

On June 22 and June 23, 2023, Plaintiff filed a notice of lis pendens.

On July 3, 2023, the clerk filed ‘Returned Mail.’

On November 17, 2023, Plaintiff filed a ‘DECLARATION OF CRYSTAL DUREN IN SUPPORT OF JUDGMENT.’

Discussion

Previously, the court denied the application for default judgment for the following pertinent reasons: (1) Plaintiff did not provide any explanation as to why partition by sale of the property is more equitable aside from the seeming dispute between the family members, and (2) it appeared that Defendant is rightfully entitled to decedent’s ½ interest; plus, Plaintiff did not file a notice of related case.

Now, the defects remain uncured. The declaration filed on 11/17 is identical to the one filed on 5/02/23.

Therefore, the court adheres to much of its 6/22/23 ruling.

Conclusion

Based on the foregoing, the default judgment is again denied without prejudice.