Judge: Malcolm Mackey, Case: 21STCV37359, Date: 2022-08-05 Tentative Ruling
Case Number: 21STCV37359 Hearing Date: August 5, 2022 Dept: 55
MORENO
v. MORENO 21STCV37359
Hearing Date: 8/5/22,
Dept. 55
#10: MOTION FOR ISSUANCE OF ORDER CONFIRMING SALE
OF REAL PROPERTY.
Notice: Okay
No
Opposition
MP:
Partition Referee, Blake Alsbrook.
RP:
Summary
On 3/25/22, the Court filed an Interlocutory Judgment,
appointing a Referee to sell the subject residential property.
The owners are Plaintiffs GILBERT A. MORENO AND BIANCA
MARIE MORENO, individually and as Trustees of the GILBERT A. MORENO FAMILY
TRUST U/A dated December 14, 2020, owning an undivided 50%interest; and
Defendant JOHNNA MORENO owning an undivided 50% interest.
MP
Positions
The Referee requests an order confirming the sale of 11020
Leland Street, Whittier, California, 90605, on grounds including the following:
·
The Referee agreed to sell the real
property, subject to court approval.
·
The Referee entered into a purchase and
sale agreement to sell, all-cash, the Property to Karen and Michael Kadletz,
for $565,000.00, on a where-is/as-is basis, with no representations or
warranties made by the Referee, with a payment of 2.5% commission to Keller
Williams Studio City, and the payment of 2.5% commission to Corcoran Global
Living.
·
There were 83 showings of the Property. In
early June, 2022, The Seymour Group solicited initial offers. A total of 35
offers were received, which ranged from $456,000.00 to $570,000.00, along with
various other terms.
·
The Preliminary Title Report reflects
significant liens, and delinquent property tax amounts.
Tentative
Ruling
The motion is granted, as prayed.
Judges can order that real property be partitioned by
sale by a referee. E.g., CCP §§ 872.230, 873.710.
The Court finds that the sale efforts, contract terms
and sale price, all appear to be appropriate and reasonable.