Re: Partition Action - Interrogatories

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On 3/11/11, SD wrote:
> On 12/08/10, jani wrote:
>> On 10/04/10, mrtmaster wrote:
>>> On 1/31/10, Michael S. Pecherer wrote:
>>>> This is perhaps an after the fact post, but the idea of going
>>>> to trial in a partition action is nuts. The right to
>>>> partition is absolute and most partition actions are resolved
>>>> by a motion for an interlocutory judgment of partition (by
>>>> either side). The interlocutory judgment determines the
>>>> ownership of the parties, which is a matter of record,
>>>> appoints a referee, which is mandatory (CCP Sec. 872.010), and
>>>> orders the property sold. Normally, the only issue remaining
>>>> is an accounting between the parties and Courts often use the
>>>> same analysis as they do in family law cases, as for example
>>>> the Moore-Marsden rule. Usually, the referee is charged with
>>>> this investigation and analysis and reports to the Court as to
>>>> a proposed resolution of the accounting issues. As the
>>>> property is almost inevitably ordered to be sold, that order
>>>> either forces a settlement or, if sold, the availability of
>>>> the proceeds tends to encourage the inclination to move on. I
>>>> serve as a referee in partition and have for years. You can
>>>> get a full dose of partition law including a lot of forms at
>>>> www.partitionlaw.com
>>>>
>>>> Michael
>>> This type of investigation takes long time to finish.nice post
>> This needs to be in some sort of goodness finally solved

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