Lau v. Lau CA2/2

Filed 8/6/13 Lau v. Lau CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DAIVD LAU, B241939

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC435921) v.

DORA LAU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Elizabeth Allen White, Judge. Affirmed.

Law Offices of Larry Fabrizi, Larry Fabrizi for Defendant and Appellant.

Wong & Mak, Steven W. Hashimoto for Plaintiff and Respondent.

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Appellant contends that the trial court erred by ordering partition of a property. She argues that the court should have found that the right to partition was waived. Because substantial evidence supported the conclusion that there was no waiver, we affirm the interlocutory judgment ordering partition. Factual and Procedural Background Plaintiff and respondent David Lau is the brother of defendant and appellant Dora Lau. At the time of trial in this matter, David was 54 years old and Dora was 61.1 David initiated this action in April 2010, and it went to a bench trial in April 2012. The operative second amended complaint sought, inter alia, partition of the real property located at 2901 North Beverly Glen Boulevard in Los Angeles (the property). A two-story house sits on the property. The property was purchased in 1991 with funds from David and Dora‟s parents, Lau Tung and Tse Yuen Hen. Dora lived with her sons in the house for a while, and she and one son continue to use the house on occasion. David and his parents also stayed at the property from time to time. Title to the property was held by the family at the time of the parents‟ death, when it passed to David and Dora. Title is currently held by Dora, as the trustee of a family trust, and by David, with each having a one-half interest as tenants in common. Dora testified at trial that her and David‟s parents decided to purchase the property so that the family would have a home in the United States as well as an American location for the operations of the family company, Crown Records. Crown Records was a once-successful Hong Kong-based music company started by the parents in the 1950‟s. Crown Records, Inc. USA was formed to distribute audio and video recordings produced by Crown Records.