Wash

FACTS AND PROCEDURAL HISTORY

In 1998, John, his brother Thomas, and Thomas’s wife, Maria Wash, created a general partnership named “Wash and Wash Partnership” to acquire, manage, and farm agricultural land. The partnership agreement stated the initial contributions included two

All undesignated statutory references are to the Code of Civil Procedure.

2. 20-acre parcels located on East Central Avenue (the 40 acres). In 2005, Robert Wash, the father of Thomas and John, died. As a result, Thomas and John inherited the 100-acre family farm located on Temperance Avenue (the 100 acres). In 2009, Thomas and Maria filed a complaint against John to dissolve the partnership, obtain an accounting of its affairs, and partition the 40 acres into two 20-acre parcels. The Fresno County Superior Court assigned the matter case No. 09CECG00933. John filed a cross-complaint for partnership dissolution, partition of the 100 acres, accounting, and waste. The 100 acres was owned by Thomas and Maria (an undivided 50 percent interest) and John (an undivided 50 percent interest). The 100 acres contained approximately 77 acres of citrus orchards, a tree and nursery business operated by Thomas and…