Judge: Maurice A. Leiter, Case: 23STCV15203, Date: 2024-04-30 Tentative Ruling

Case Number: 23STCV15203    Hearing Date: April 30, 2024    Dept: 54

Hearing Date: April 30, 2024

Department 54, Judge Maurice Leiter

Motion for Interlocutory Judgment for Partition of Sale of Property and Appointment of Partition Referee

Moving Party: Plaintiff Felicia Corley

Responding Party: None

T/R:     PLAINTIFF’S MOTION IS GRANTED.

PLAINTIFF 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. No opposition has been received.

CCP § 872.720(a) provides that if the court finds the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition and the manner of partition.  In a partition action, the court shall appoint a referee and may instruct the referee.  (Code Civ. Pro. § 873.010.) 

Plaintiff moves for an interlocutory judgment partitioning a parcel of real property owned by Plaintiff’s late husband’s siblings (Defendants) so Plaintiff may recover her late husband’s interest in three properties inherited from Plaintiff’s husband’s deceased parents. Plaintiff represents that the Defendants have agreed to partition. Defendants do not oppose this motion. The Court finds Plaintiff is entitled to partition. The Court appoints Plaintiff’s proposed referee, Matthew L. Taylor.