Legal Opinion

Summers v. Superior Court of S.F. Cnty.

California Court of Appeal, 5th District

Decided June 1, 2018No. A151128PublishedCited by 8 opinions

1Opinion of the CourtHumes, P.J.

*140Ricardo Summers and Alejandro Gomez own investment real estate with Wan Fen Tan, but the parties disagree on the amount of their respective ownership interests. The trial court ordered the property to be partitioned and sold, with the parties' ownership interests to be determined at a later date. Summers and Gomez appealed. Although we question whether the order was appealable, we construe *65the appeal as a petition for a writ of mandate. On the merits, we hold that the partition statutes do not allow a court to order the manner of a property's partition, such as the sale here, before it…

2Cases cited9 opinions

  1. Emeric v. AlvaradoCalifornia Supreme Court · 1884
  2. Drum v. Superior CourtCalifornia Court of Appeal · 2006
  3. 14859 Moorpark Homeowner's Assn. v. Vrt Corp.California Court of Appeal · 1998
  4. Black Diamond Asphalt, Inc. v. Superior CourtCalifornia Court of Appeal · 2003
  5. Moorpark Homeowners Assn. v. Vrt Corp.California Court of Appeal · 1998

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3Cited by8 opinions

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  3. Di Lauro v. City of BurbankCalifornia Court of Appeal · 2025
  4. Eshagian v. CepedaCalifornia Court of Appeal · 2025
  5. Murray v. Hull CA2/2California Court of Appeal · 2020

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