Judge: Lee W. Tsao, Case: 20NWCV00047, Date: 2023-04-05 Tentative Ruling

Case Number: 20NWCV00047    Hearing Date: April 5, 2023    Dept: C

SIFUENTES v. LOREDO

CASE NO.:  20NWCV00047

HEARING: 4/5/23 @ 10:30 AM

#3

TENTATIVE ORDER

Partition Referee’s unopposed motion for discharge and for instructions regarding disposition of remaining money is GRANTED.

Moving Party to give NOTICE.

Partition Referee moves to be discharged after completion of the sale.

CCP § 873.070 gives the Referee the authority to "petition the court for instructions concerning the referee's duties under this title."  CCP § 873,850 gives the court continual jurisdiction to determine the respective claims of the parties to the sale proceeds generated by the sale of the real property that is being partitioned.   

The court has read and considered the First Amended Report and Recommendation of Partition Referee and approves the Referee’s fees in the sum of $13,635.00.  On January 24, 2022, the court previously approved attorney’s fees in the sum of $36,706.69.  The court also approves the Referee’s allocation of the remaining funds to Plaintiff Sifuentes in the sum of $247,224.29 and to Defendant Loredo in the sum of $118,603.57.

Accordingly, the motion is GRANTED.  There is no opposition.