Gabriela Martinez-Landeros vs Gilberto Santos, et al.
Motion for Interlocutory Judgment of Partition by Sale; Order Authorizing Sale of Real Property; Waiver of Co-Owner Consent; & Related Relief
Motion type
Parties
Ruling
25CV-05960 Gabriela Martinez-Landeros vs Gilberto Santos, et al.
Motion for Interlocutory Judgment of Partition by Sale; Order Authorizing Sale of Real Property; Waiver of Co-Owner Consent; & Related Relief
Plaintiff’s motion for partition by sale is GRANTED.
The court finds: 1. Partition by sale pursuant to Code of Civil Procedure section 872.710 et seq. is appropriate; 2. Plaintiff Gabriela Martinez-Landeros and Defendant Gilberto Santos each hold a fifty percent (50%) undivided joint tenancy interest in the real property located at 128 Chardonnay Street, Los Banos, California 93635 (the “Property”); 3. The Property is a single-family residence and cannot be partitioned in kind without great prejudice to the parties; 4. The costs of partition are to be apportioned equally between the parties.
The Court will sign the order lodged on April 20, 2026, subject to the appointment of a referee pursuant to Code of Civil Procedure section 873.510. Plaintiff is to file a notice of proposed referee supported by proper declaration(s) within ten (10) days of this court’s order.
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