Judge: Melvin D. Sandvig, Case: 22CHCV00510, Date: 2023-08-30 Tentative Ruling

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Case Number: 22CHCV00510    Hearing Date: March 25, 2024    Dept: F47

Dept. F47

Date: 3/25/24                                                      

Case #22CHCV00510

MOTION/HEARING RE: APPOINTMENT OF PARTITION REFEREE

&

CLARIFICATION OF REFEREE’S DUTIES

Motion filed on 2/28/24.

MOVING PARTY: Plaintiff Janet Louise Wilkes, Trustee of the Janet Louise Wilkes Living Trust

RESPONDING PARTY: Defendant Gary William Wilkes

NOTICE: ok

RELIEF REQUESTED: An order appointing a referee and to clarify the referee’s duties to sell the subject real property commonly known as 17622- 17624 Los Alimos Street, Los Angeles, California, 91344 (Assessor’s Parcel Number 2712-028- 008) in accordance with the 2/21/24 Interlocutory Judgment and CCP 873.010, et seq.

RULING: The motion is granted.

SUMMARY OF FACTS & PROCEDURAL HISTORY

This action arose out of Plaintiff Janet Louise Wilkes, Trustee of the Janet Louise Wilkes Living Trust (Plaintiff) and Defendant Gary William Wilkes’ (Defendant) ownership of real property commonly known as 17622-17624 Los Alimos Street, Los Angeles, California (APN 2712-028-008) (the Property) as co-tenants.  In 2022, the parties began discussions to end their joint ownership of the property.  When they could not agree as to the purchase price, on 7/12/22, Plaintiff filed this action for partition of the property.

On 2/2/24, the Court entered its order granting Plaintiff’s motion for summary judgment for partition by sale of the Property.  On 2/21/24, the Court granted interlocutory judgment for partition by sale explaining that a hearing on the appointment of a partition referee to manage the sale of the Property be set for 3/25/24, with briefing according to code.  Plaintiff attempted to meet and confer with Defendant’s counsel and proposed Matthew L. Taylor (Taylor) as the referee.  (Gonzalez Decl.).  However, Defendant refused to engage in the meet and confer process.  Id. 

Therefore, pursuant to the Court’s order, on 2/28/24, Plaintiff filed and served the instant motion seeking an order appointing a referee and to clarify the referee’s duties to sell the Property in accordance with the 2/21/24 Interlocutory Judgment and CCP 873.010, et seq.  Defendant has not opposed or otherwise responded to the motion.

ANALYSIS

A court may appoint a referee to sell property.  See CCP 873.010.  The referee may not be: (1) a clerk or deputy of the clerk; (2) a former or present partner or employee of the judge; (3) a relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative; or (4) an owner of any interest that is the subject of the action.  CCP 873.050. 

The Court finds that Taylor is qualified to act as partition referee in this matter.  (See Taylor Decl.).  Additionally, the Court finds that the instructions set forth in the proposed Order are appropriate in this matter.  See CCP 873.010(b)(2); CCP 873.060; CCP 873.070.

CONCLUSION

The motion is granted.