Judge: Thomas D. Long, Case: 21STCV03760, Date: 2023-02-16 Tentative Ruling

Case Number: 21STCV03760    Hearing Date: February 16, 2023    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

YUNHEE MIN,

                        Plaintiff,

            vs.

 

JEFFREY SIEGEL, as Administrator of the Estate of Byung Ok Min, et al.,

 

                        Defendants.

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      CASE NO.: 21STCV03760

 

[TENTATIVE] ORDER GRANTING MOTION TO APPOINT REFEREE

 

Dept. 48

8:30 a.m.

February 16, 2023

 

On December 27, 2022, the Court conducted a non-jury trial and granted an interlocutory judgment for partition in favor of Plaintiff Yunhee Min.  The Court also set a hearing on the appointment of a partition referee.

On January 11, 2023, Plaintiff filed a motion for appointment of Jerry Wang as partition referee.  Jerry Wang provided a declaration consenting to the appointment, and he provided a copy of his CV.

On January 31, 2023, Defendant Brandon Min filed an opposition to Plaintiff’s motion.  Combined with the opposition, Defendant also moved for appointment of Kevin A. Singer as partition referee.  Kevin A. Singer provided a declaration consenting to the appointment, and he provided a copy of his resume.

Defendant opposes the appointment of Jerry Wang because “Jerry Wang has failed to respond to any communication from Brandon Min.  This non-responsive behavior has persisted for a period of at least one month and raises concerns of a unilateral cooperation between Plaintiff Yunhee Min and Jerry Wang.”  (Opposition at p. 3.)  The Court does not find that a failure to respond before formal appointment and involvement in this case is a valid reason to prevent Jerry Wang’s appointment.  Moreover, Defendant improperly included his request for appointment within his opposition to Plaintiff’s motion; he did not file a separate motion or reserve his own hearing.

Based on the Court’s review of the proposed referees and their qualifications, Plaintiff’s motion for appointment of partition referee is GRANTED.  Jerry Wang is appointed as the partition referee for the sale of the property located at 440 South Wilton Place, Los Angeles, California 90020.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit.  Parties intending to appear are encouraged to appear remotely and should be prepared to comply with Dept. 48’s new requirement that those attending court in person wear a surgical or N95 or KN95 mask.

 

         Dated this 16th day of February 2023

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court