BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al.

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 01/20/2026 Hearing on Motion - Other for Instructions to Partition Referee Pursuant to CCP 873.070 in Department 54

Tentative Ruling

Plaintiffs Barbara J. Nakatomi, Debra T. Nakatomi, Robert Ken Miyamoto, Richard Schlesinger, and Judy Nakatomi’s (collectively, “Plaintiffs”) motion for (1) instructions to Partition Referee, and (2) for issuance of a writ is UNOPPOSED and is GRANTED.

Plaintiffs filed this partition action against their brother, Defendant Douglas J. Nakatomi (“Defendant”), on January 24, 2024. Plaintiffs allege they co-own the real property at 1227 Noonan Drive, Sacramento, California 95822 (the “Property”) with Defendant. Plaintiffs wished to divest themselves from the Property, but the parties were unable to reach an agreement in which Defendant would purchase Plaintiffs’ interest. The parties entered into a settlement agreement on July 31, 2024.

On July 15, 2025, the Court granted Plaintiffs’ motion to enforce settlement agreement for an interlocutory judgment of partition by sale. Pursuant to the interlocutory judgment the Court appointed Chad Phillips as Referee for purposes of effectuating the sale of the property.

Plaintiffs filed the instant motion on September 3, 2025. Plaintiffs seek instructions to the Referee, as well as a writ of possession pursuant to Code of Civil Procedure section 712.010.

Plaintiffs request the following instructions:

a. The Referee shall list the Property on MLS and receive competitive bidding to ascertain the highest reasonable fair market value for the property. In doing so, the Referee is authorized to do the following on behalf of the Parties to this Action:

i. Communicate with financial institutions, trustees, loan servicers, title companies, contractors, affected property owners and parties of any legal or equitable rights whose interest may influence the marketing and sale of the Property, government agencies, and any other person or entity reasonably necessary to give these orders effect. ii. To execute transaction documents on behalf of Defendant Douglas Nakatomi related to title, insurance, property managers, homeowner’s associations, escrow instructions, purchase and sale transaction documents of any description, statutory disclosures, and transaction documents as reasonably necessary to give effect to these orders.

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 01/20/2026 Hearing on Motion - Other for Instructions to Partition Referee Pursuant to CCP 873.070 in Department 54

iii. To market and sell the Subject Property. The Referee shall have authority to negotiate a price on behalf of the Parties and shall petition the Court ex parte for approval of such sale contract. iv. Following the sale of the Property, the Referee shall (a) deposit the sale proceeds with the Court, or with a third-party escrow agency, pending further order of the Court regarding any equitable accounting or cost-shifting determination the Court may hereafter make, and (b) prepare a report and final accounting of expenses incurred in the sale, and submit such report simultaneously with a petition to be discharged as referee with a recommended distribution for Court approval.

(Proposed Order.)

The Court notes that on January 8, 2026, Plaintiffs filed an ex parte application for an order confirming sale of the Property. The hearing is scheduled for January 16, 2026 at 1:30 p.m. As shown in the ex parte application, the Referee has already marketed and shown the Property to various buyers. The Referee has accepted an offer from Richard Yamamoto and Vivienne Yamamoto. Given this, it appears that portions of the instructions which Plaintiffs request herein are moot. Nonetheless, the Court will rule on the merits of the motion.

A court may “instruct the [partition] referee” and the referee may perform any acts necessary to exercise the authority conferred by statute or by a court order. (Code Civ. Proc., §§ 873.010, subd. (b)(2), 873.060.) On noticed motion, the referee or any party may petition the court for instructions concerning the referee’s duties. (Code Civ. Proc., § 873.070.)

The Court approves the instructions.

Code of Civil Procedure section 715.010 provides that “[a] judgment for possession of real property may be enforced by a writ of possession of real property issued pursuant to Section 712.010. . . .”

Code of Civil Procedure section 712.010 states, in part, “[a]fter entry of a judgment for possession or sale of property, a writ of possession or sale shall be issued by the clerk of the court upon application of the judgment creditor and shall be directed to the levying officer in the county where the judgment is to be enforced.”

Plaintiffs are entitled to a writ of possession.

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 01/20/2026 Hearing on Motion - Other for Instructions to Partition Referee Pursuant to CCP 873.070 in Department 54

The Court will sign the order.

Pursuant to CRC Rule 3.1312, Plaintiffs shall submit a proposed writ of possession consistent with the provisions of Code of Civil Procedure sections 712.020 and 715.010.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.

The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

24CV001530: BARBARA J NAKATOMI AS A TRUSTEE OF THE MIYAMOTO/NAKATOMI FAMILY TRUST DATED DECEMBER 27, 1994, et al. vs NAKATOMI, et al. 01/20/2026 Hearing on Motion - Other for Instructions to Partition Referee Pursuant to CCP 873.070 in Department 54

Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.Pdf

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 reporter from the Court’s 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 be forward the form to the Court Reporter’s Office and an official reporter will be provided.