Willmon v. Koyer (1914) 168 Cal. 369 – Compensatory Adjustments in Partition Actions
Willmon v. Koyer (1914) 168 Cal. 369 is a key California case on compensatory adjustments in partition, which account for what each co-owner contributed.
Bankruptcy Co-Ownership Offset Disputes – Applying Partition Laws in a Section 363(h) Sale of Co-Owned Property – In re Flynn, 297 B.R. 599 (B.A.P. 9th Cir. 2003)
When a co-owner files bankruptcy, the trustee may sell the co-owned property under section 363(h) of the Bankruptcy Code. Under In re Flynn, the court can still apply California partition offsets.
True Joint Tenancy in California Partition Actions – Milian v. De Leon
Milian v. De Leon (1986) 181 Cal.App.3d 1185 held that once a partition court finds a true joint tenancy, the co-owners generally share equally without reimbursement for unequal contributions.
Summers v. Superior Court (2018) Ownership Interests Determined with Interlocutory Judgment of Partition
Summers v. Superior Court (2018) 24 Cal.App.5th 138 is often misread. It requires only that the parties’ ownership interests be decided before an interlocutory judgment of partition.
![Anti-SLAPP Can Be Used to Strike "Mixed Conduct" Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376] — Talkov Law illustration](https://talkovlaw.com/wp-content/uploads/baral-v-schnitt-mixed-conduct-anti-slapp-talkov-law.webp)
Anti-SLAPP Can Be Used to Strike “Mixed Conduct” Claims [Baral v. Schnitt (2016) 1 Cal. 5th 376]
In Baral v. Schnitt (2016) 1 Cal.5th 376, the California Supreme Court held that the anti-SLAPP statute can strike the protected parts of a claim that mixes protected and unprotected conduct.
Wallace v. Daley: Every Partition Includes an Accounting
Wallace v. Daley (1990) 220 Cal.App.3d 1028 may be the most cited case in California partition law. It holds that every partition includes an accounting of offsets.
