King

I. FACTS AND PROCEDURAL BACKGROUND

This case relates to three parcels of land located in Victorville, California. The

complaint, filed on December 5, 2006, asserts five causes of action: (1) “Partition”;

(2) “Accounting of Rents and Profits”; (3) “Possession”; (4) “Breach of Duty by Co-

Tenant and for Injunctive Relief to Prevent Waste”; and (5) “Trespass by Forcible

Wrongful Interference with Peaceable Possession; Temporary Restraining Order, and

Preliminary and Permanent Injunctions.” Plaintiffs include Charles King and Atishia

Spicer, in their capacity as cotrustees of the Milbry Cleyo Spicer Trust, as well as

2 Marshall Steward, Joyce M. Spicer, John A. Spicer, Deedra King, and Roberta Griffin.

Defendants include Mr. Steward, as well as his daughter, Rebecca Scott Steward, in her

capacity as the third cotrustee of the Milbry Cleyo Spicer Trust.

The complaint alleges that Mr. Steward owns an undivided 14 percent interest in

the properties. Defendants’ joint answer admits the truth of this allegation. It also admits

the truth of an allegation that copies of all quitclaim and grant deeds showing record title

in the properties as of the filing of the complaint are…