Wright, et al. v. Oros Borjon, et al.

CASE NUMBER: 25CV-0208213 Tentative Ruling on Motion to Appoint Referee and Order Partition by Sale: Plaintiff Patricia L. Wright, Trustee of the Patricial L. Wright Trust DTD July 8, 2020 and Plaintiff Deborah Lee Hammerich, Trustee of the 2005 Amendment and Restatement of the 2000 Deborah Lee Hammerich Revocable Trust DTD September 28, 2020 move for partition by sale and appointment of a referee. Defendants Jose Fernando Oros Borjon and Ivonne Oros Borjon, Trustees of the Borjon Family Trust DTD January 19, 2019 filed a Response to the Motion.

An interlocutory judgment ordering partition by sale was entered on April 20, 2026. A hearing on fair market value (FMV) was held on July 10, 2026 and the Court found that the FMV is $292,500. The Minutes from the July 10, 2026 hearing were served on all parties by mail on July 10, 2026 which served as the required notice under CCP § 874.317(a). The forty-five days have now elapsed with no party giving notice that they intend to buy out the other tenants. Because Plaintiffs have requested partition by sale, CCP § 874.317(d)(3) applies and the Court must send notice to all parties of the fact that no tenant provided notice of an intent to buy out and that the matter will proceed to partition under CCP §§ 874.318 and 874.320. Should this tentative ruling become final, the clerk is directed to serve today’s minutes on the parties in order to constitute the required notice.

The property at issue is a single-family home. Therefore, partition in kind is not feasible and partition by sale will occur under CCP § 874.318(b). The Court finds that the sale shall be an open-market sale. CCP § 874.320(a). The list price shall be $292,500. Pursuant to CCP § 874.320(b), absent an objection, the Court intends to appoint Drew Wahlund of Wahlund and Co. Realty as the disinterested real estate broker. Plaintiffs suggest setting the reasonable commission at no more than 5.5% of the sale price. As no contrary evidence has been provided by either party, the Court will set the commission at 5.5% absent argument otherwise.

Pursuant to CCP § 873.010(a), the Court shall appoint a referee to sell the property. The only proposed referee is Aaron W. Moore, who the Court knows to be a local attorney specializing in real estate law. There appears to 13

be no objection from Defendants. Absent an objection or further proposal, the Court intends to appoint Aaron W. Moore as the referee to act without bond with reasonable compensation being set at $400 per hour. Defendants have requested that the referee’s time be limited to only those tasks necessary for the sale of the home. The Court places an initial ten-hour limit on referee time. If further referee time is needed, either party may submit a request in writing. The Court will consider the request with no need for a hearing so long as the other party has been provided three days’ notice that the request is being made. The Court will approve additional time if good cause is shown.

Plaintiffs request that the referee be authorized to accept an offer within 95% of the list price of $292,500. This is a reasonable request and will be granted. All other aspects of the sale will be per the Code of Civil Procedure.

The motion is GRANTED as noted above. Plaintiffs provided a proposed Order that will be modified to reflect the Court’s ruling. The review hearing scheduled for September 8, 2026 is vacated. The matter will be on calendar on Monday, October 26, 2026 at 9:00 a.m. in Department 63 for status of the sale. The parties are ordered to provide the Court with separate or joint status statements no later than 5 court days prior to the hearing. Plaintiffs are ordered to provide notice of the October 26, 2026 review hearing.

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ALPINE BLUE VS. HURLEY, ET AL