Pomona Partition Lawyers

The City of Pomona was first settled in the 1830s and later became a citrus-growing region. In its early days, Pomona had one of the highest per-capita levels of income in the United States. Today, the City of Pomona is the seventh most populous city in Los Angeles County. As a bustling town, residents of Pomona often own homes with others, which can lead to disputes with co-owners. Generally, the best Pomona Partition Lawyers 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

As a partition action is a lawsuit, it will involve the ordinary requirement to issue a summons and serve the complaint on the opposing parties. Generally, the form, content, and manner of service of summons in partition actions is the same as civil actions. (CCP § 872.310(a).) A decree of partition is not invalidated even where the summons fails to provide a property description and is only directed to the defendant, if there is no sign of prejudice. (see Rutledge v. Rutledge (1953) 119 Cal.App.2d 114, 120.) If new parties are added to the partition suit by an amended complaint, the court has the authority to allow an amended summons to issue. (see Baldwin v. Foster (1910) 157 Cal. 643, 647.)

Parties named pursuant to Code of Civil Procedure section 872.530, subdivision b, and Code of Civil Procedure section 872.550, defendants known or believed to be deceased, and other persons named as unknown defendants, must be served by publication pursuant to Code of Civil Procedure § 415.50 and the partition statutes concerning summons. (CCP § 872.310(b).) In establishing that a party to be served by publication cannot with reasonable diligence be served in any other manner, the judge may not require a public database search where the access by a registered process server to the residential addresses is not authorized by law or the agency's public policy such as voter registration rolls and Department of Motor Vehicle records. (CCP § 415.50(e).)

If the judge orders service by publication, such publication may only name those defendants to be served by publication and only describe the property that those defendants have or claim an interest in. (CCP § 872.330(a).) Once a party is served and he or she fails to appear and answer, the judgment shall be conclusive against those defendants named in the publication with respect to the property described in that publication. (see CCP § 872.330(b).)

It is important to note that an order for service by publication is subject to the following conditions in accordance with Code of Civil Procedure § 872.320: "(a) the plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint on the real property that is the subject of the action; (b) the plaintiff shall record, if not already recorded, a notice of pendency of the action; (c) the publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted." (CCP § 872.320.)

At Underwood Law Firm, our Pomona Partition Attorneys are well-versed in the legal remedy of partition, and are ready to discuss your legal issues.