Akagi

*428 Opinion

The Case

The plaintiff (appellant herein) filed a first amended complaint containing two counts. The defendant (respondent herein) attacked each count separately by general demurrer for failure to state a cause of action. The court below sustained the demurrer to the first count with leave to amend and overruled the demurrer to the second count. The plaintiff voluntarily dismissed his second count 1 and refused to amend his first count. The trial court, on defendant’s motion, ordered dismissal of the plaintiff’s action as to the defendant. The plaintiff has appealed from the judgment (order) of dismissal.

The Issue

The sole issue on appeal is whether, under section 752 of the Code of Civil Procedure, the plaintiff (remainderman owning a vested interest) may have partition as against defendant (owning a life estate) in real property.

The trial court held that, under the circumstances, no partition was provided for by section 752.

The Facts

The plaintiff’s pleading describes three parcels of real property all situated in Los Angeles, California. It is alleged that “Plaintiff owns a fee title to the subject property and defendant Riichi Ishioka holds a life estate…