Sumners v. Superior Court

Tan sued Summers and Gomez to resolve a dispute about investment real estate they jointly own in San Francisco, concerning the amount of each party’s ownership interest and corresponding right to receive income and obligation to pay expenses. The parties sought quiet title, partition, and an accounting. Tan moved for summary adjudication, requesting the property be partitioned and sold by private sale with the proceeds to be held in escrow until resolution of the litigation. Although Summers and Gomez also sought partition, they opposed the motion because the sold property would not generate rental income while their interests were litigated. The court granted Tan’s motion, stating: “Judgment is entered for the real property [at issue] to be partitioned and sold by private sale, for all liens to be paid, a referee shall be appointed, and all sale proceeds shall be held in escrow until final resolution of this matter.” The court of appeal reversed. The partition statutes do not allow a court to order the manner of a property’s partition, such as the sale here, before it determines the ownership interests in the property, Code of Civil Procedure 872.720(a). View "Sumners v. Superior Court" on Justia Law