Martino

Plaintiff L. Anthony Martino appeals from the judgment entered in favor of defendant Pietro Denevi which divided the assets of their partnership between them and awarded attorney fees to defendant. If there is no timely objection, a trial court may adopt a referee’s report to conclusively resolve the respective partnership interests. We affirm the judgment except for the award of attorney fees which requires a rehearing.

In 1975, plaintiff and defendant formed a general partnership, Bayside Racquet Club (Bayside), for the purpose of developing tennis and other fitness-related facilities. While continuing the Bayside operation, the parties also entered into separate partnership agreements with each other and, sometimes, third parties to conduct a variety of sports-related businesses.

During 1977, defendant located a tract of land in Tahoe Valley, California, which was being developed as a recreational facility by its owner, Kaiser Aetna. Bayside had just cured a foreclosure on its principal piece of real property so it was without funds to pursue this investment opportunity. Defendant independently obtained an option to purchase the property from Kaiser Aetna.

The…