Kinoshita

Kinoshita v. Horio

Good Law
186 Cal. App. 3d 959·1986 Cal. App. LEXIS 2206·231 Cal. Rptr. 241
Court of Appeal of CaliforniaOctober 30, 1986No. A029509California3,262 words

Opinion

Lead Opinion

Sabraw, J.

This is an appeal from a judgment directing the dissolution of a partnership and sale of its assets. We hold that such a judgment is interlocutory and that the appeal must therefore be dismissed under the “one final judgment” rule.

Facts

The pleadings establish that plaintiff Shigeo Kinoshita and defendants Toshio Horio, Michiko Horio, and James Horio formed Asagiri Co., a limited partnership, to own and operate an apartment building. A written partnership agreement specified the percentage interest held by each partner. Plaintiff alleged and defendants failed to deny that defendants had failed to maintain proper records and that a receiver was necessary to take possession of and care for partnership assets. Defendant Toshio Horio filed a cross- *962 complaint claiming credits for partnership obligations he claimed to have discharged and capital contributions he claimed to have made. Pending trial the court appointed a receiver, apparently without objection, and the parties stipulated to an accounting.

The judgment from which the appeal is taken decrees that (1) plaintiff owns a 31.43 percent interest in the partnership; (2) the partnership is “ordered dissolved”; (3)…

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