FRANK ROBERT HERRERA vs ELENA Y. MUNGUIA

2026CUOR059268: FRANK ROBERT HERRERA vs ELENA Y. MUNGUIA 07/07/2026 in Department 43 Motion to Appoint Partition Referee (CCP 873.010 ET SEQ)

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With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. Brantner at 805-477-8790, stating that you submit on the tentative. Or you may email Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending a fax or email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not advise the Court that you submit on the tentative, or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative.

Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized.

Motion: Plaintiff’s Motion to Appoint Partition Referee (CCP §§ 873.010 et seq.)

Tentative Ruling: Plaintiff’s Motion to Appoint Partition Referee is DENIED. The motion is premature. Plaintiff’s right to partition has not been determined. “No partition can be had until the interests of all the parties have been ascertained and settled by a trial.” (Withington v. Collins (1943) 60 Cal.App.2d 110, 113; Code Civ. Proc., § 759.) If there is no stipulation to the partition, a trial or hearing must be held to verify the parties' ownership interests and confirm that the plaintiff has the legal right to force a partition. Only after the Court has ordered a partition may a referee be appointed to execute the order.

Moving party is ordered to serve notice of the Court’s ruling.

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