DeMartini
DeMartini v. DeMartini CA1/1
Opinion
Opinion
Dondero, J.
INTRODUCTION
The instant appeal concerns our order on remand in our prior opinion DeMartini v. DeMartini (June 28, 2013, A133277 & A134749 [nonpub. opn.] (DeMartini)). In that opinion, we addressed the contention by cross-complainants Michael and Renate DeMartini that the trial court had erred in its partition of family-owned real estate holdings in Marin and Nevada Counties. We concluded the trial court had properly exercised its discretion, including allowing for reimbursement to cross-defendants David and Nancy DeMartini for improvements made to a co-owned rental property that also housed their business. However, we remanded the matter for the court to consider reducing the reimbursement by the difference between the rent paid by the business and the property’s reasonable fair market rental value.1 Michael and Renate appeal from the trial court’s order finding they failed to prove any offset or adjustment to the reimbursement award is required. We affirm.
1 By the time of trial, David owned a 75 percent share of the building, while his brothers Michael and Mark DeMartini (along with their spouses) each owned 12.5 percent.