Judge: Michael Shultz, Case: 21CMCV00157, Date: 2023-10-31 Tentative Ruling
Case Number: 21CMCV00157 Hearing Date: October 31, 2023 Dept: A
21CMCV00157
Alexandra Perkins v. Lonnie D. Shell
TENTATIVE
ORDER GRANTING REQUEST FOR INTERLOCUTORY JUDGMENT FOR PARTITION BY SALE AND
APPOINTMENT OF REFEREE
The complaint alleges
that Plaintiff and Defendant own residential real property as tenants in
common. Defendant is the tenant in possession, is unable to pay the mortgage,
and refuses to voluntarily sell the property. Plaintiff alleges claims for
partition by sale and for an accounting.
On July 27, 2023, the
Court granted Plaintiff’s motion to strike Defendant’s answer for noncompliance
with the Court’s discovery order. On the same date, the clerk entered
Defendant’s default. The application seeks an interlocutory order to appoint a
referee to partition the property by sale.
After reviewing the papers submitted in
support of the request, the Court GRANTS the application for an interlocutory
order for partition by sale and for appointment of a referee.