Judge: Theresa M. Traber, Case: 20STCV30584, Date: 2023-12-11 Tentative Ruling

Case Number: 20STCV30584    Hearing Date: December 11, 2023    Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:     December 11, 2023                JUDGMENT: August 29, 2023

CASE:                         Claudia Mizutani v. Juan M. Cuarenta, et al

CASE NO.:                 20STCV30584           

MOTION FOR ORDER TO SELL REAL PROPERTY AND RETAIN ALBA APLICANO AS REAL ESTATE AGENT

MOVING PARTY:               Plaintiff Claudia Mizutani

RESPONDING PARTY(S): No opposition on eCourt as of December 5, 2023

CASE HISTORY:

·         08/12/20: Complaint filed.

·         08/29/23: Judgment entered.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

            This was an action for quiet title and conversion. Plaintiff alleges that Defendants executed a forged quitclaim deed to deprive her of a 50% interest in a piece of real property.

Plaintiff moves for an order to sell the subject property and retain Alba Aplicano as Real Estate Agent.

TENTATIVE RULING:

Plaintiff moves for an order to sell the subject property and retain Alba Aplicano as Real Estate Agent.

Upon entering judgment in this matter on August 29, 2023, the Court determined that each party was owner of a 50% interest in the subject property. (Judgment ¶¶ 1-2.) The Court further ordered that proceeds from the sale of the property were to be distributed according to each party’s interest. (Id. ¶¶ 6-7.) However, the Judgment does not specifically state that the property is to be sold, despite the discussion of the sale within the Judgment and the Court’s May 23, 2023 ruling granting Plaintiff’s request for partition.

Plaintiff contends that Defendant has refused to comply with the sale of the property despite being ordered to do so, and therefore requests a further order from the Court requiring the property to be sold pursuant to Code of Civil Procedure section 872.820. This section provides:

the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment in the following situations:

(a) The parties agree to such relief, by their pleadings or otherwise.

(b) The court determines that, under the circumstances, sale and division of the proceeds would be more equitable than division of the property. For the purpose of making the determination, the court may appoint a referee and take into account his report.

(Code Civ. Proc. § 872.820.) As the Court has already ruled on the merits of this action and determined that partition and sale is appropriate, the Court will simply restate its prior ruling so that no party can claim confusion or ignorance: the subject property is to be immediately listed for sale and the sale completed forthwith.

            Plaintiff also requests that the Court appoint Alba Aplicano as the real estate agent for the property in lieu of a referee. Plaintiff cites no authority empowering the Court to issue an order appointing a real estate agent for the sale of the property. Moreover, Plaintiff, in making this request, misconstrues section 872.820(b). That section merely provides that the Court may appoint a referee for the purpose of determining whether sale and division of the proceeds is more equitable than division of the property. That determination has already been made.

            Accordingly, Plaintiff’s Motion for Order to Sell Property and Appoint Real Estate Agent Alba Aplicano is GRANTED IN PART. The Court restates its order that the property be listed for sale immediately and the sale completed forthwith.

            Plaintiff’s request for an order appointing Alba Aplicano is DENIED.

            Moving Party to give notice.

IT IS SO ORDERED.

Dated: December 11, 2023                             ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.