Plasse

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MAURICE JOHN PLASSE, III, et al., No. 2:17-cv-01136-DJC-JDP

Plaintiffs, v. ORDER

LYNLEY FORD,

13 Defendant.

At issue before this Court is whether to partition property held by the Parties as

tenants in common, and, if so, to partition the property by sale or in kind. The Parties

agree the property may be partitioned but vigorously dispute the manner of partition,

with Plaintiffs favoring partition in kind, and Defendant favoring partition by sale.

Having reviewed the Parties’ briefings, the Court finds that partition is

appropriate, and will order the property partitioned in accordance with the Parties’

respective interes ts. The Court will also order the property be partitioned in kind. Under California law, there is a presumption in favor of partitioning in kind unless physical division of the property is not feasible or would prejudice the owners. While Defendant has raised numerous objections to partition in kind, most of those…