Motion for Order Confirming the Sale of 2303 Fulton Avenue
34-2023-00333705-CU-BC-GDS: Naeim Zamani Mahfroujaki, individually, and as a derivative action vs. Zoom, Inc., a California corporation 06/17/2026 Hearing on Motion for Order Confirming the Sale of 2303 Fulton Avenue, Sacramento Ca 95825 in Department 8D
Tentative Ruling
Mandatory Appearance of Kevin Singer (Non-Party) is required.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a
34-2023-00333705-CU-BC-GDS: Naeim Zamani Mahfroujaki, individually, and as a derivative action vs. Zoom, Inc., a California corporation 06/17/2026 Hearing on Motion for Order Confirming the Sale of 2303 Fulton Avenue, Sacramento Ca 95825 in Department 8D
reporter from the Courts Approved Official Reporter Pro Tempore list.
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
The notice of motion does not provide notice of the Courts tentative ruling system, as required by Local Rule 1.06(D). Moving party is directed to contact all parties counsel forthwith to advise of Local Rule 1.06, the Courts tentative ruling procedure, and the manner to request a hearing. If moving party is unable to contact other parties counsel prior to the hearing, moving party shall be available at the hearing, in person or remotely, in the event other parties counsel appears without following the procedures set forth in Local Rule 1.06(B).
TENTATIVE RULING:
This is a partition action regarding property located at 2303 Fulton Avenue, Sacramento, CA 95825, APN 278-0094-026-0000 (the Property). Court-appointed Partition Referee Kevin Singer (the Referee) moves for an order authorizing and confirming the Referees proposed sale of the Property to Michael Durbin and Carolyn J. Evans (Buyers) or to the highest bidder through overbidding. The motion is unopposed.
The Court will confirm the sale of the Property, subject to any increased offers being submitted by a prequalified bidder at the hearing.
On March 28, 2024, this Court entered an order appointing the Referee, with full authority to manage and partition the Property by sale. On December 6, 2024, the Court determined that the Property was owned by Plaintiff Naeim Zamani Mahfroujaki and Defendant Seyedmohammad Carandizadeh as joint tenants. The Court set the instant hearing by granting the Referees ex parte application on May 15, 2026.
The Property is unusual in that the only access is by easement across a used car lot. In February 2026, the Property was appraised at $387,000. The Referee engaged real estate broker Peter Scott of Scott Realty (Broker) to list and market the Property at $380,000, with a 2.5% commission to Broker. Beginning in early March 2026, Broker and Referee extensively marketed the property for more than 30 days and received five
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2023-00333705-CU-BC-GDS: Naeim Zamani Mahfroujaki, individually, and as a derivative action vs. Zoom, Inc., a California corporation 06/17/2026 Hearing on Motion for Order Confirming the Sale of 2303 Fulton Avenue, Sacramento Ca 95825 in Department 8D
purchase offers.
The Buyers made the highest offer at $397,500. The Buyers and Referee entered into a purchase and sale agreement, subject to court confirmation and overbid hearing. The proposed sale will be as is, where is, with all faults. (Singer Decl., Exh. 3, Purchase and Sale Agreement.)
Upon making a sale of property, the referee shall report the sale to the court. (Code Civ. Proc. [CCP], § 873.710, subd. (a).) The report shall contain (1) A description of the property sold to each purchaser. (2) The name of the purchaser. (3) The sale price. (4) The terms and conditions of the sale and the security, if any, taken. (5) Any amounts payable to lienholders. (6) A statement as to contractual or other arrangements or conditions as to agents commissions. (7) Any determination and recommendation as to opening and closing public and private ways, roads, streets, and easements. (8) Other material facts relevant to the sale and the confirmation proceeding. (CCP, § 873.710, subd. (b).) The Referee has filed a report setting forth all of the required information. (Singer Decl. (May 12, 2026).)
Pursuant to CCP section 873.720, subdivision (a), [a] purchaser, the referee, or any party may move the court to confirm or set aside the sale. CCP section 873.730, subdivision (a), provides that at the hearing on such a motion, the court shall examine the report and the witnesses in relation to the report. The court may confirm the sale notwithstanding a variance from the prescribed terms of the sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale. (CCP, § 873.730, subd. (b).)
The Court has examined the Referees report for the Property and the instant application and finds that they contain the information required by CCP § 873.710. The Referee has obtained a purchase offer at fair market value. None of the parties have expressed any objection to the sale of the property on the terms set forth in the purchase agreement. All contingencies have been removed save for court confirmation and overbid hearing.
The Court adopts the Overbid Rules as proposed by the Referee. (See Singer Decl. (May 12, 2026), Exhibit 4 [Overbid Rules].) As stated, the first permissible overbid will be $417,877, with bids continuing to increase as detailed in the Overbid Rules. The Buyers have the right to match any overbid.
Prospective bidders must prequalify. To prequalify, a person must by 5:00 p.m. on Tuesday, June 16, present the Referee with:
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
34-2023-00333705-CU-BC-GDS: Naeim Zamani Mahfroujaki, individually, and as a derivative action vs. Zoom, Inc., a California corporation 06/17/2026 Hearing on Motion for Order Confirming the Sale of 2303 Fulton Avenue, Sacramento Ca 95825 in Department 8D
(a) a signed copy of the Overbid Rules;
(b) a deposit in the amount of $11,925 either via a cashiers check made out to Receivership Specialists or wire transfer/SCH; and
(c) proof of funds in an amount equal to or greater than the highest amount the bidder is willing to bid.
Bidders that do not prequalify will not be allowed to participate.
The Court now confirms the sale of the Property, and approves the Referees report unless a bidder makes an offer which complies with CCP § 873.740 (e.g., offer from a responsible bidder that exceeds the sale price by at least 10% on the first $10,000 and 5% on the amount in excess thereof.) In such a case the Court retains the discretion to vacate the sale and direct a new sale or to accept the increased offer and confirm the sale to the prequalified bidder. (CCP, § 873.740, subd. (a).)
The Court will sign the proposed order, subject to any increased offers (overbid) being presented at the hearing.