DANIEL HAIM HOFFMAN ET AL VS. DAVID KOSLOWSKI ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25622934 - December 8, 2025 Hearing date: December 8, 2025 Case number: CGC25622934 Case title: DANIEL HAIM HOFFMAN ET AL VS. DAVID KOSLOWSKI ET AL Case Number: | | CGC25622934 | Case Title: | | DANIEL HAIM HOFFMAN ET AL VS. DAVID KOSLOWSKI ET AL | Court Date: | | 2025-12-08 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY ADJUDICATION On Partition Cause Of Action | Rulings: | | Real Property/Housing Court Law and Motion Calendar for December 8, 2025. Line 5.

PLAINTIFF MOTION FOR SUMMARY ADJUDICATION On Partition Cause Of Action; is DENIED. Moving party fails to establish its entitlement to a judgment at this time as a matter of law.

Per CCP 872.720 the Court is to determine a manner of partition "unless it is to be later determined." Moving papers contain no argument explaining why the manner of partition is to be later determined and no direct argument as to the manner of partition requested. Moving party appears to suggest that the only viable manner of partition is by sale stating: "In this case, partition in kind is unavailable because the Properties consist of multifamily and single-family residential dwellings that cannot be physically divided without prejudice to the parties. See Butte Creek Island Ranch v. Crim (1982) 136 Cal. App. 3d 360, 366-67. While "the parties may agree upon a partition by appraisal" (Code Civ. Proc. 873.910, Law Rev. Comm. Comment), there is no such agreement herein."

Moving papers are devoid of any discussion of Partition of Real Property Act and the propriety of determination of the merits of the case before a determination of the fair market value of the property. CCP 874.316(g).

Late-filed opposition is stricken. =(501/AAT)

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