Does Appealing a Partition Judgment Stop the Sale in California?
Usually not. An appeal of a California partition judgment ordering a sale generally does not stop the sale unless the appealing co-owner posts an undertaking set by the trial court.
How to Obtain an Interlocutory Judgment of Partition in California
An interlocutory judgment of partition closes the first phase of a California partition case. You obtain it by proving your right to partition and each co-owner’s share, often by motion rather than trial.
Sibling Rivalries and Co-Ownership Partition Actions: When Family Heirlooms Become Legal Disputes
When siblings inherit a house, old resentments often surface once the parents are gone. If they cannot agree on whether to keep, sell, or buy out the property, a California partition action brings the dispute to an end.
What is a Case Management Conference in a Partition Action?
A case management conference is a hearing to keep a California partition action moving. Contrary to what many co-owners expect, the judge does not rule on the merits there.
6 Secondary Sources for Partition Actions in California
Partition lawyers need to know trusts and probate, family law, property tax, accounting, and more. These six secondary sources help.
Does a Partition Action Result in a Jury Trial?
Generally not. A partition action is an equitable action, so a judge decides it, not a jury. Talkov Law has never seen a partition action go to a jury trial.
Are Cross-Complaints for Declaratory Relief Proper in a Partition Action?
A cross-complaint for declaratory relief can clarify the parties’ rights in a partition action. But its value is limited for ownership disputes, since ownership is already at issue in every partition.
998 Offers in Partition Actions to Force a Settlement
A section 998 offer lets a co-owner pressure the other side to settle a partition action, because a co-owner who refuses and does worse at trial can be made to bear more of the costs.
Demurrers Under Sham Pleading Doctrine and Truthful Pleading Requirement
A demurrer challenges a pleading that does not state facts sufficient for a claim. Here is how the sham pleading doctrine and truthful pleading requirement affect demurrers.
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Can You Sue an Attorney for Doing their Job? [Anti-SLAPP Protection for Litigation-Related Activities]
Litigants sometimes name the opposing attorney as a defendant to gain leverage. Under California’s anti-SLAPP statute, that can be a costly mistake that ends with paying the attorney’s fees.
How to Win a Partition Action
How a co-owner who wants out wins a partition action in California: force the sale or a buyout, answer the defenses your co-owner will raise, maximize your offsets, and build your record from day one.
California Code of Civil Procedure § 872.610 – Trying the Interests of All Parties in a Partition
Code of Civil Procedure section 872.610 provides that the interests of all parties, plaintiff and defendant alike, may be tried and decided in the partition action.
California Code of Civil Procedure § 872.130 – Restraining Orders and Injunctions in a Partition
Code of Civil Procedure section 872.130 lets the partition court issue restraining orders and injunctions to prevent waste, protect the property or its title, and stop interference.
Real Estate Fraud Statute of Limitations California Discovery Rule
What is the statute of limitations for fraud in California, and when does the discovery rule delay it? Here is how the defense works.
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Challenging Boilerplate Affirmative Defenses in a California Partition
Many defendants answer with boilerplate affirmative defenses and no supporting facts. In California, those defenses can be challenged by a motion to strike or demurrer.
Code of Civil Procedure § 430.41 – SB 383 Limits Demurrers in California
Effective January 1, 2016, SB 383 severely limits the use of demurrers in California through newly-enacted California Code of Civil Procedure § 430.41.
