Los Angeles Partition Lawyers
The city of Los Angeles was founded on September 4, 1781, under Felipe de Neve, the Governor of Spanish California. As the second largest city in the United States, residents of Los Angeles who own property may face disputes with co-owners. Generally, the best Los Angeles Partition Attorneys usually find partition action to be the best remedy for disputing co-owners in four broad categories:
- Split real estate dispute;
- Brother-Sister real estate dispute;
- Investor-Investor real estate dispute; and
- Significant other real estate dispute
The best Los Angeles Partition Attorneys will be familiar with the expenses, fees, appointment, and functions for referees in partition actions. The judge may determine the amount for reasonable compensation for the referee’s services and may also provide payment for the referee’s reasonable expenses. (CCP § 873.010(b)(3).) Further, the court may also provide for the beginning date of the lien of the referee as allowed by law. (CCP § 873.010(b)(4).) The judge has broad discretion in its determination of the referee’s reasonable compensation. Consequently, the judgment will be affirmed, on appeal, unless there is a plain abuse of that discretion. (see Treadwell v. Treadwell (1901) 134 Cal. 158, 158.)
In a partition action, under the Code of Civil Procedure, the judge shall appoint a referee to divide the property in dispute as ordered when the judge determines that the partition is to be by division of the property. (CCP § 873.010.) The appointment of a referee is only required when it is determined that having a referee is necessary, desirable, or helpful. (see Richmond v. Dofflemyer, (1980) 105 Cal.App.3d 745.) This statutory provision should not be so strictly interpreted as to require a referee’s time-consuming services and expense if the judge already has adequate evidence in making its judgment. (see Richmond v. Dofflemyer, (1980) 105 Cal.App.3d 745, 755.) A top Los Angeles Partition Attorney will be aware of the appointment process for a referee.
The referee’s main function is property division and allocating the property’s portions. Without being able to determine what the respective parties’ rights are as determined by the court, the referee will not be able to make such a partition. (see Reed v. Murphy (1925) 196 Cal. 395.)
A referee acts judicially and is required to give the parties notice and an opportunity to be heard if the referee is appointed to take evidence and report facts affecting the title before an interlocutory decree of partition is rendered. However, a referee is not required to give the parties notice and an opportunity to be heard if the referee is appointed to make the partition after an interlocutory decree. In this case, the referee’s main duty is to allocate the property among the co-owners as per the judge’s determination of their respective interests, and to report their proceedings to the judge. (see Richardson v. Loupe (1889) 80 Cal. 490.) The best Los Angeles Partition Attorney will be knowledgeable about a referee’s duties in partition actions.
At Underwood Law Firm, our Los Angeles Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.