Judge: Lee W. Tsao, Case: 22NWCV00372, Date: 2024-03-05 Tentative Ruling

Case Number: 22NWCV00372    Hearing Date: March 5, 2024    Dept: C

Burrow v. Clark, et al., Case No. 22NWCV00372

This is a partition action. Court-appointed referee Andrew Zimbaldi (Zimbaldi) applies ex parte to authorize the referee’s retention of Blake Alsbrook of the law firm Ervin Cohen and Jessup, LLP as the referee’s counsel and authorize the referee’s retention of Adam Orozco of Compass to list and market the subject real property.

A party may seek ex parte relief upon an affirmative factual showing "irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte." (Cal. Rules of Court, rule 3.1202(c).)

Zimbaldi asserts that he needs immediate assistance from counsel and other third-party professionals to proceed with the sale process. (Decl. Zimbaldi, ¶ 5.) He states he was delayed from proceeding with the sale process for several months due to the precarious health of defendant Martha Clark, who occupies the property. (Decl. Zimbaldi, ¶ 5.)  Under the circumstances, ex parte relief is warranted in order to facilitate the sale of the property.  Accordingly, Partition Referee Andrew Zimbaldi’s ex parte application is GRANTED. 

Zimbaldi to give notice.