Judge: Stephanie M. Bowick, Case: BC626207, Date: 2023-12-15 Tentative Ruling

DEPARTMENT 19 LAW AND MOTION RULINGS
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Case Number: BC626207    Hearing Date: December 15, 2023    Dept: 19

On the Court's own motion, the Hearing on Cross-Complainant's Motion For Order Appointing Partition Referee is CONTINUED to January 31, 2024 at 8:30 A.M. in Department 19 of the Stanley Mosk Courthouse.

Code of Civil Procedure section 872.620 states, in pertinent part: “To the extent necessary to grant the relief sought or other appropriate relief, the Court shall upon adequate proof ascertain the state of the title to the property.” (Code Civ. Proc., § 872.620.)

Further, “…the court shall determine the status and priority of all liens upon the property.” (Code Civ. Proc., § 872.620.)

Although the parties’ “Joint Exhibit 11” previously filed on June 15, 2021, contains a title report dated June 6, 2021, the Court finds that this title report is outdated and fails to provide a sufficient basis for the Court to determine the current status of title and priority of any liens upon the property. The section entitled “Lien History” only states “No details available.”

The parties are ordered to provide an updated title report that provides adequate proof of the parties’ current interest in the property, as well as the status and priority of any liens currently upon the property.

The Court further orders that the cost(s) for obtaining the updated title report is to be split evenly between Cross-Complainant and Cross-Defendant.

Cross-Complainant is ordered to file the title report with the Court by January 18, 2024.

Counsel for Cross-Complainant to give notice.