Judge Joel L. Lofton, Case Number: EC068181, Date: 2024-08-14 Tentative Ruling

Judge: Joel L. Lofton, Case: EC068181, Date: 2024-08-14 Tentative Ruling

Case Number: EC068181 Hearing Date: August 14, 2024 Dept: X

Tentative Ruling

Judge Joel L. Lofton, Department X

HEARING DATE: August 14, 2024 TRIAL DATE: No date set.

CASE: RAQUEL MCMURTREY v. JESSE RAMIREZ, et al.

CASE NO.: EC068181

MOTION FOR (1) DISCHARGE AND (2) FOR ORDER REGARDING DISPOSITION OF SALE PROCEEDS

MOVING PARTY: Court-Appointed Partition Referee Matthew L. Taylor

RESPONDING PARTY: All Plaintiff and Defendants

SERVICE: Filed July 2, 2024

OPPOSITION: None filed.

REPLY: None filed.

RELIEF REQUESTED

Partition Referee Matthew L. Taylor moves (1) to approve his referee fees and to discharge and (2) for instructions regarding disposition of the remaining property sale proceeds held by him.

BACKGROUND

This is a suit for partition by sale of the real property located at 6229 Kaufman Avenue, Temple City, California (“Property”). The Property had 13 co-owners.

On September 7, 2023, the Court entered interlocutory judgment which determined that partition of real property was appropriate and appointed Matthew L. Taylor as Partition Referee to sell the Subject Property. Thereafter, the Referee hired real estate agents to market and sell the Property. (09/07/23 Interlocutory Judgment for Partition by Sale.) The Court reserved jurisdiction over the distribution of the sale proceeds pursuant to CCP § 873.850. (Id. ¶ 25.)

On January 8, 2024, sale of the Property for $1,700,000 was approved by the court. (01/08/24 Minute Order.)

Following payment of sale-related costs and payment of the mortgage, the Referee received a total of $1,442,533.80 from the sale. (Exh. 1.) The funds are ready to be distributed.

First, the Referee’s motion seeks an order approving the payment of his fees. Second, the motion seeks instructions as to disposition of the funds being held by the Referee. Concurrently filed with the motion is the Referee’s Report and Recommendation, where he recommends dividing the money amongst the co-owners based on the proportional interest of each party.

No opposition has been filed.

TENTATIVE RULING

The Referee’s motion to recover fees and costs are GRANTED.

The Referee’s motion for an order regarding distribution of sale proceeds is GRANTED.

LEGAL STANDARD

CCP section 1023 provides, “[t]he fees of referees are such reasonable sum as the court may fix for the time spent in the business of the reference; but the parties may agree, in writing, upon any other rate of compensation, and thereupon such rates shall be allowed.” (CCP § 1023.)

CCP section 873.820 provides, “[t]he proceeds of sale for any property sold shall be applied in the following order: [¶] (a) Payment of the expenses of sale. [¶] (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. [¶] (c) Payment of any liens on the property in their order of priority except liens which under the terms of sale are to remain on the property. [¶] (d) Distribution of the residue among the parties in proportion to their shares as determined by the court.”

DISCUSSION

I. Referee’s Fees and Costs

The Referee seeks approval of his fees and submits his fees incurred in this matter in the amount of $19,349.00. Plaintiffs submit total costs and fees in the amount of $34,334.15. His declaration notes the request seeks estimated fees associated with the instant motion and past fees. (Taylor Decl. ¶ 4.) His request for fees includes an estimated 6 hours of future time to disburse the money to the owners, and the estimate is based on his experience in past cases. (Taylor Decl. ¶ 5.) The Referee claims that his billable rate for this matter is $300.00 per hour, his associates are billed at $225 per hour, and his clerk is billed at $45 per hour. (Id.) Exhibit 3 is an itemized invoice for these fees which supports his declaration. (Taylor Decl. ¶ 4, Exh. 3.) No portion of his fees have been paid. (Taylor Decl. ¶ 4.)

The Court finds that the Referee’s request for fees and costs to be reasonable. The Referee’s motion to apportion attorneys’ fees and costs in the amount of $19,349.00 is therefore GRANTED.

II. Order for Distribution of Sale Proceeds

The Referee determined that the relative interest of each co-owner party is as follows:

33.75% - Plaintiff Raquel McMurtrey - $477,764.47

33.75% - Defendant Jesse Ramirez - $477,764.47

8.75% - Defendant Richard Ramirez - $128,818.24

8.75% - Defendant Esther Guerra - $128,818.24

2.5% - Defendant Alex Ramirez - $35,398.96

2.5% - Defendant Fabiola Ramirez - $35,398.96

2.5% - Defendant Juan Ramirez - $35,398.96

2.5% - Defendant Salvador Ramirez - $35,398.96

2.5% - Defendant Yolanda Ramirez - $35,398.96

0.625% - Defendant Corrina Ramirez - $8,847.49

0.625% - Defendant Veronica Ramirez - $8,847.49

0.625% - Defendant Vanessa Ramirez - $8,847.49

0.625% - Defendant Gilbert Ramirez, Jr. - $8,847.49

After deducting the Referee’s fees of $19,349.00, the remaining funds with Referee should be apportioned to the co-owners according to their proportionate ownership interests. The Court orders that the allocations shall be made to co-owners of the Property according to Referee’s recommendation above: $477,764.47 to Raquel and Jesse; $128,818.24 to Richard and Esther; $35,398.96 to Alex, Fabiola, Juan, Salvador, and Yolando; $8,847.49 to Corrina, Veronica, Vanessa, and Gilbert.

CONCLUSION

The Referee’s motion to apportion attorneys’ fees and costs in the amount of $19,349.00 is therefore GRANTED.

The Court orders that distribution of the remaining sale proceeds shall be allocated to co-owners of the Property according to Referee’s above recommendation.

Dated: August 14, 2024 ___________________________________

Joel L. Lofton

Judge of the Superior Court