Judge: Thomas D. Long, Case: BC492965, Date: 2022-09-22 Tentative Ruling

Case Number: BC492965    Hearing Date: September 22, 2022    Dept: 48

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

 

FIVE POINTS TEMESCAL LLC, et al.,

                        Plaintiffs,

            vs.

 

MERRIE HATHAWAY, et al.,

 

                        Defendants.

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      CASE NO.: BC492965

 

[TENTATIVE] ORDER GRANTING ORDER APPROVING REPORT OF REFEREE AND PROVIDING FOR DISTRIBUTION OF THE PROCEEDS OF THE SALE OF THE THIRD TRANCHE OF THE TEMESCAL RANCH

 

Dept. 48

8:30 a.m.

September 22, 2022

 

On September 26, 2013, Plaintiffs Five Points Temescal, LLC and Temescal Ranch Limited Partnership and Defendants Merrie Hathaway and Hathaway Temescal, LLC stipulated to an interlocutory judgment for partition for sale of a ranch owned by the parties.  On January 15, 2014, the Court appointed William Rattazzi as the Partition Referee.  On May 19, 2016, the Court confirmed the sale of the ranch and issued an order regarding the procedures for distribution of the sale proceeds.

On May 8, 2018, the Court approved distribution of the proceeds from the sale of the first tranche.  On December 10, 2020, the sale of the second tranche was closed and the proceeds were later distributed through a stipulated distribution.

On June 30, 2022, the sale of the third tranche was closed.  On September 1, 2022, the Referee filed this motion for an order approving the report of the Referee and providing for distribution of the proceeds of the sale of the third tranche.

After commissions and other seller’s expenses, $5,588,275.37 remains to be distributed, and those funds are held in the Referee’s counsel’s trust account.  (Pecherer Decl. ¶ 21.)  The Final Report of Referee details the allocation of the funds, including prior payments and allocations.  (Report ¶¶ 36-44.)  All parties have reviewed the accounting and agree to the Referee’s requested distributions.  (Pecherer Decl. ¶ 20.)  The proposed order is signed by counsel for all parties indicating their approval as to form and substance.

Accordingly, the motion for order approving report of referee and providing for distribution of the proceeds is GRANTED.

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 22nd day of September 2022

 

 

 

 

Hon. Thomas D. Long

Judge of the Superior Court