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CGC25625108·sf·Civil·Partition of Real Property
Hearing 5 months agoDENIED

YUAN ZHOU ET AL VS. LANFANG ZHENG ET AL

Notice Of Motion And Motion To Appoint Broker Pursuant To Partition Of Real Property Act

Hearing date
Mar 10, 2026
Department
501
Prevailing
Defendant

Motion type

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Parties

PlaintiffYUAN ZHOU
PlaintiffDONGYANG ZHANG
DefendantLANFANG ZHENG

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC25625108 - March 10, 2026 Hearing date: March 10, 2026 Case number: CGC25625108 Case title: YUAN ZHOU ET AL VS. LANFANG ZHENG ET AL Case Number: | | CGC25625108 | Case Title: | | YUAN ZHOU ET AL VS. LANFANG ZHENG ET AL | Court Date: | | 2026-03-10 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Appoint Broker Pursuant To Partition Of Real Property Act |

Rulings: | | Real Property/Housing Court Law and Motion Calendar for March 10, 2026. Line 2. PLAINTIFF YUAN ZHOU, AN INDIVIDUAL, DONGYANG ZHANG Notice Of Motion And Motion To Appoint Broker Pursuant To Partition Of Real Property Act is DENIED.

The Court has previously ruled that Plaintiff may either proceed with a partition in kind or clearly start the process for partition by sale, which under the partition of Real Property Act start with an unequivocal demand for partition by sale; proceeds with CCP 874.316 and 874.317 procedures; and only thereafter may result in the sale on the market necessitating the hiring of a broker.

Based on Plaintiff's moving papers, partition in kind is not requested (Moving papers 2:15-17); and, based on the reply Partition by sale is also not requested (Reply 3:18).

In the absence of a request for partition in kind, the Court may not order such relief; in the absence of a request for partition by sale the Court may not order such relief either; therefore, the only option remaining to the Court under CCP 874.318(b) is to dismiss the action. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests.

A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |

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