Judge: Robert B. Broadbelt, Case: 24STCV01625, Date: 2024-05-30 Tentative Ruling

Case Number: 24STCV01625    Hearing Date: May 30, 2024    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

MOVING PARTY:                 Plaintiff Robbin Oshita, conservator of the Estate of Alvin Johnson, Jr.      

RESPONDING PARTY:       n/a

Ex Parte Motion for Judgment and Interlocutory Order Granting Plaintiff Authority to Sell Real Property

            Plaintiff Robbin Oshita, conservator of the Estate of Alvin Johnson, Jr., moves the court for an order (1) entering default judgment and an interlocutory order authorizing the plaintiff to immediately sell the subject property without the appointment of a referee, and (2) directing that the sales proceeds of the defendants be held in escrow, post-closing, pending plaintiff’s further allocation of expenses, costs, and attorney’s fees.

            The court finds that plaintiff has not satisfied the requirement of California Rules of Court, rule 3.1202, subdivision (c), that an applicant for an ex parte order must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or other statutory basis for granting relief ex parte.  The court therefore denies the relief requested by plaintiff on an ex parte basis.  However, the court exercises its discretion to deem plaintiff’s ex parte application to be a request for entry of interlocutory judgment of partition by default. 

The court sets an Order to Show Cause re entry of interlocutory judgment of partition by default for hearing on July 1, 2024, at 10:00 a.m., in Department 53.

It appears to the court that appointing a referee to sell the real property at issue would be desirable and helpful in order to ensure that the sale price of the property is maximized to ensure that all parties to the action are treated fairly.  (Code Civ. Proc., § 873.010, subd. (a); Richmond v. Dofflemyer (1980) 105 Cal.App.3d 745, 755.)

The court orders plaintiff Robbin Oshita, conservator of the Estate of Alvin Johnson, Jr., to lodge with the court, no later than June 24, 2024, an appropriate, proposed interlocutory judgment that includes, but is not limited to, the following: (1) a determination of the interests of the parties in the real property that is the subject of the complaint, (2) an order of partition of the property by sale, and (3) an order that the court shall appoint a referee to sell the property as ordered by the court pursuant to Code of Civil Procedure section 873.010.  (Code Civ. Proc., § 872.720, subd. (a).) 

The court orders plaintiff Robbin Oshita, conservator of the Estate of Alvin Johnson, Jr., to file a statement proposing the name and contact information of a referee to be appointed by the court pursuant to section 837.010, and to attach a copy of the CV or resume of the proposed referee and a statement of the hourly rate charged for their services, no later than June 24, 2024.

The court orders plaintiff Robbin Oshita, conservator of the Estate of Alvin Johnson, Jr., to file a request for dismissal of all parties against whom judgment is not sought (i.e., Doe defendants 1-20) as required by California Rules of Court, rule 3.1800, subdivision (a)(7), no later than June 24, 2024. 

            The court orders that the Case Management Conference set for September 9, 2024, is vacated.

            The court directs the clerk to give notice of this ruling.

IT IS SO ORDERED.

DATED:  May 30, 2024

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court