Solis

Consolacion P. Solis moves to dismiss an appeal by Edgardo P. Vallar from an order confirming a partition sale under Code of Civil Procedure section 873.750. Solis contends the order is not appealable, relying on Hummel v. First National Bank (1987) 191 Cal.App.3d 489, 493 [ 236 Cal.Rptr. 449 ]. We conclude Hummel was wrong on this point; both statutory and case law support the appealability of an order entered under section 873.750. Solis also argues that Vallar lacks standing to appeal. This claim has no merit. We deny the motion, and in view of that disposition we also deny Solis’s motion for sanctions against Vallar for filing a frivolous appeal.

The record has not yet been filed; we take the background facts from the affidavit filed by Solis’s counsel under California Rules of Court, rule 42(a) and the affidavit supporting the sanctions motion. Solis and Vallar are co-owners of a residence in Hayward. Solis wanted to sell her share of the property but Vallar, who was in the Philippines, did not respond to her communications. Solis filed this action to compel partition and sale. Vallar failed to answer and Solis took his default. The court ordered partition and sale,…