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



Notice:  Okay

No Opposition


MP:  Partition Referee, Blake Alsbrook.






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.