Melikian

1. Introduction

These two separate but related appeals arise out of a partition action involving the sale of real property by a receiver. In the first appeal, defendant and appellant Aquila, Ltd., a California limited partnership (Aquila), one of the former owners of the subject real property, argues that the court should not have awarded the receiver, William A. Benneyan (Benneyan), both an hourly fee and a fee based on 4 percent of the purchase price of the property. In the second appeal, intervener and appellant Bartlett contends that the court should have awarded part of the broker’s commission for the sale of the property to Bartlett rather than all of the commission to another broker, J. John Anderholt (Anderholt).

Both appeals are taken from the court’s final order of July 26, 1996, approving payment of fees to the receiver of $217,867.07 and payment of a 5 percent commission to Anderholt of $252,500 and denying payment of a commission to Bartlett. Bartlett’s appeal is also taken from the court’s order denying injunctive relief on September 13, 1996.

We affirm the court’s order in part and reverse in part for the reasons discussed below.

2. The Aquila…