Judge: Robert B. Broadbelt, Case: 23STCV04231, Date: 2023-12-11 Tentative Ruling

Case Number: 23STCV04231    Hearing Date: December 11, 2023    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Arturo Menchaca     

RESPONDING PARTY:       Defendant Franzene Gonzalez

Motion for Interlocutory Judgment of Partition by Sale

The court considered the moving papers and the objection filed in connection with this motion.  No reply papers were filed.

DISCUSSION

Plaintiff Arturo Menchaca (“Plaintiff”) moves the court for an order (1) issuing an interlocutory judgment of partition by sale of the property that is the subject of this action, filed by Plaintiff against defendant Franzene Monique Gonzales (“Defendant”), and (2) appointing a partition referee.

Although the court may enter an interlocutory judgment in ruling on a motion for summary judgment or adjudication or after trial, Plaintiff has not cited any authority establishing that the court may enter judgment as requested by Plaintiff on regular motion.  (Code Civ. Proc., § 872.710 [“At the trial, the court shall determine whether the plaintiff has the right to partition”] [emphasis added].)  The court finds that it does not have the authority (1) to determine that Plaintiff has the right to partition, and (2) to enter an interlocutory judgment of partition by sale in ruling on a regular motion. 

The court therefore denies Plaintiff’s motion.

ORDER

            The court denies plaintiff Arturo Menchaca’s motion for interlocutory judgment of partition by sale.

            The court orders defendant Franzene Monique Gonzalez to give notice of this ruling.

IT IS SO ORDERED.

DATED:  December 11, 2023

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court