Judge: Margaret L. Oldendorf, Case: 23AHCV00216, Date: 2023-09-07 Tentative Ruling

Case Number: 23AHCV00216    Hearing Date: September 7, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

 

DOUGLAS KNIGHT,

   

                                        Plaintiff,

vs.

 

ROBERT A. ROSE, SR.; ROBERT A. ROSE, JR.; MICHAEL P. ROSE; ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF’S TITLE, CLAIMS, OR RIGHTS, OR ANY CLOUD ON PLAINTIFF’S TITLE, CLAIMS, OR RIGHTS THERETO, NAMED AS DOES 1 to 10, inclusive,

 

                                            Defendants.

 

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Case No.:  23AHCV00216

 

[TENTATIVE] ORDER TAKING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT OFF CALENDAR AND STAYING ACTION PENDING RECORDING OF NOTICE OF PENDENCY OF ACTION

 

Date:   September 7, 2023

Time:  8:30 a.m.

Dept.:  P

 

         

 

          In this partition action, Plaintiff Douglas Knight alleges that in May 2006, he and Defendant Robert Rose, Sr. acquired commercial property located at 1609 S. California Avenue, Monrovia. He alleges they took title as tenants in common with a 50% interest each; and that in February 2027 Rose gave each of his sons a portion of his interest. Knight alleges that he has decided to sell the property, and Rose and his sons refuse to allow the sale to occur.  Knight seeks partition by sale on the basis that the property consists of a single commercial building that cannot be divided.

          Before the Court is Knight’s motion for summary judgment and/or adjudication, or in the alternative for the entry of an interlocutory judgment.

          No notice of pending action (i.e., lis pendens) has been recorded and filed concerning the property.  As a consequence, and pursuant to Code Civ. Proc. §872.250(c), the Court makes the following order:

          - Plaintiff Knight is ordered to record a notice of pendency of action and file a recorded copy in the court file; and

          - this action is stayed pending such recordation.

          An order to show cause regarding the filing of a lis pendens is set for September 20, 2023, at 8:30 in this Department. On the OSC hearing date, assuming the lis pendens has been recorded and filed, the Court will reset this motion for hearing.       

          Defendants are ordered to give notice of ruling.

 

         

 

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT