Notice Of Motion And Motion To Appoint Appraiser To Determine Fair Market Value Under Partition Of Real Property Act
Real Property/Housing Court Law and Motion Calendar for June 2, 2026. Line 9. PLAINTIFF GRACE WONG, ALSO KNOWN AS GRACE W.K. WONG, AN INDIVIDUAL AND TRUSTEE OF THE GRACE WAIKWAN WONG TRUST DATED JULY 24, 2024 Notice Of Motion And Motion To Appoint Appraiser To Determine Fair Market Value Under Partition Of Real Property Act Hearing Required.
The Court notes that the Appraisal has been on file since May 11 and that Plaintiff's counsel Morgan Sellers took it upon themselves to send the notice required under subdivision (e) on the Court's behalf. No one asked Mr. Sellers to do this. In addition, the Notice contemplates a hearing to determine the Fair Market Value on June 1, 2026. No such hearing was scheduled by the Court.
In fact, under subdivision (f), the statute is very clear that a hearing to determine the fair market value cannot take place no sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subdivision (e). Service of the notice is also questionable in that Mr. Sellers electronically served a limited scope attorney and not each party.
To cure the deficiencies of the notice and overreach of Plaintiff's counsel, the Court shall send proper notice under subdivision (e), despite it being more than "10 days after the appraisal [was] filed." A hearing is set for July 2, 2026 to determine the fair market value of the property under subdivision (f). Counsel for the moving party is instructed to bring a copy of a Notice that conforms with subdivision (e), which the Court will mail to each party. Counsel for the moving party shall also bring a copy of a proposed order that conforms with this tentative ruling. =(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 so notified, and the opposing party does not appear. | |
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