Judge: Maurice A. Leiter, Case: 20STCV44129, Date: 2022-10-26 Tentative Ruling

Case Number: 20STCV44129    Hearing Date: October 26, 2022    Dept: 54

Hearing Date: October 26, 2022

Department 54, Judge Maurice A. Leiter

Motion to Approve Referee’s Accounting, Terminate Referee Appointment and Order Plaintiff pay Referee’s Fees

Moving Party: Referee Kevin Singer

Responding Party: Plaintiff Ellen M. De Angelis, Trustee of the Ellen De Angelis Living Trust dated March 20, 2013

T/R:     REFEREE’S MOTION IS GRANTED.

            REFEREE TO NOTICE. 

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

            The Court considers the moving papers, opposition, and reply.

            Code of Civil Procedure section 873.010, subdivision (b) provides that the court, upon partition of real property, may provide for the payment of the referee’s reasonable expenses and require the filing of final accounts of the referee, settle the accounts of the referee, and discharge the referee. (CCP § 873.010(b).) The costs of partition include the fee and expenses of the referee as well as the reasonable attorney’s fees incurred or paid by a party for the common benefit. (CCP § 874.010.) The court shall apportion the costs of partition among the parties in proportion to their interests.  (CCP § 874.040.)

            Referee Singer moves for the following orders: (1) Approving and Settling Referee’s Final Report and Accounting; (2) Approving Final Compensation and Reimbursement of Expenses; (3) Directing Plaintiff to Pay Referee’s Outstanding Fees and Expenses; (4) Terminating the Referee Appointment; (5) Retaining Jurisdiction regarding this Referee Appointment.

            Singer was appointed as referee to partition real property on March 11, 2022. As referee, Singer performed various tasks, include matters related to the title to the property, its tax status, insurance, and trust accounts. The parties eventually settled, and Plaintiff bought Defendants’ shares. Singer asserts that he incurred $18,917.00 in fees and $404.30 in expenses. Singer offered to reduce fees to $11,000.00 and Defendants paid their share of $5,500.00. Plaintiff refused to pay $5,500.00 and instead offered $3,342.34. Including his fees in connection with this motion Singer requests that the Court order Plaintiff pay the remaining balance on the full amount of fees: $13,050.68.

            In opposition, Plaintiff asserts that Singer’s fees are unreasonable. Plaintiff states that Singer did various tasks that were not required of him and continued to do work after the parties had settled. Plaintiff takes issue with Singer’s drafting a revised stipulation to appoint Singer. Singer asserts that this stipulation provided clearer recitation of his duties and compensation.

            The Court has independently reviewed Singer’s invoices and finds them reasonable. Singer performed tasks necessary for his appointment and for the eventual sale of the property.

            Singer’s motion is GRANTED.