SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

LARRY SIMS,                         Plaintiff,             vs.   CORNELIA BRENT, et al.,                           Defendants.

CASE NO.: 22STCV01223   [TENTATIVE] ORDER RE: MOTION FOR INTERLOCUTORY JUDGMENT AND APPOINTMENT OF REFEREE   Date:  October 24, 2022 Time: 8:30 a.m. Dept. 56

 

 

MOVING PARTY: Plaintiff

 

            The Court has considered the moving papers.  No opposition papers were filed.  Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (“CCP”) section 1005, subdivision (b).

 

BACKGROUND

            This action arises out of a dispute over real property (the “Property”).  On January 12, 2022, Plaintiff filed a complaint (the “Complaint”) alleging: (1) partition by sale.

 

            On September 26, 2022, Plaintiff filed a motion for interlocutory judgment and appointment of referee (the “Motion”).  The Motion requests that the Court issue an order for partition of the Property by sale.

 

DISCUSSION

If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition.  (CCP § 872.720, subd. (a).) 

 

A partition action may be commenced and maintained by any of the following persons: (1) A co-owner of personal property; and (2) an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates.  (CCP § 872.210, subd. (a).)  Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located.  (CCP § 872.250, subd. (a).)  If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, shall order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and shall stay the action until the notice is recorded.  (CCP § 872.250, subd. (c).)

 

 

 

The Court’s file does not reflect that Plaintiff recorded a notice of pendency in the county in which the Property is located.  Accordingly, the Court, on its own motion, orders that this matter be STAYED until Plaintiff has recorded the notice of pendency.  After Plaintiff has recorded the notice of pendency, he may set a new hearing date and give notice thereof, which notice shall be filed with the Court.

 

 

Moving party is ordered to give notice of this ruling. 

 

 

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org stating your intention to appear in person.  The Court will then inform you by close of business that day of the time your hearing will be held. The time set for the hearing may be at any time during that scheduled hearing day, or it may be necessary to schedule the hearing for another date if the Court is unable to accommodate all personal appearances set on that date.  This rule is necessary to ensure that adequate precautions can be taken for proper social distancing.

 

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org.  If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

 

             Dated this 24th day of October 2022