Judge: Joseph Lipner, Case: 23STCV17316, Date: 2023-11-16 Tentative Ruling

Case Number: 23STCV17316    Hearing Date: November 16, 2023    Dept: 72

SUPERIOR COURT OF CALIFORNIA

COUNTY OF LOS ANGELES

DEPARTMENT 72

TENTATIVE RULING

          Plaintiff Lesbia Lucrecia Montoya (“Plaintiff”) seeks an interlocutory judgment of partition pursuant to California Code of Civil Procedure § 872.820.  More specifically, Plaintiff seeks to have the Court order the sale of the property and appoint Blake C. Alsbrook as a referee to sell the property and split the proceeds.

          Defendant Horacio F. Montoya (“Defendant”) has not opposed Plaintiff’s motion.  However, it is clear that Defendant is generally opposed to the sale of the property.

          The Court does not issue a tentative on Plaintiff’s request.  Instead, the Court will hear argument about why Plaintiff believes that sale of the property is more equitable than its division. 

          California Code of Civil Procedure section 872.820 states that:

[T]he court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests in the property . . . in the following situations:

(a)  The parties agree to such relief, by their pleadings or otherwise;

(b)  The court determines that, under the circumstances, sale and division of the proceeds would be more equitable than division of the property.  For the purpose of making the determination, the court may appoint a referee and take into account his report.

The Court does not see from Plaintiff’s papers that Plaintiff has made a showing that “sale and division of the proceeds would be more equitable than division of the property.”  (Cal. Civ. Proc. Code § 872.820(b).)  Nor do the parties agree to the sale. (Cal. Civ. Proc. Code § 872.820(a).)  The Court will discuss this issue with the parties at the hearing.