Lin

This is the second appeal in a partition action brought by plaintiffs Shwu-Jen Lin and her husband, Hong-Chuan Lin, against Shwu-Jen Lin’s brother, Ing-Jieh Jeng. As did the parties at trial, we refer to plaintiff Shwu-Jen Lin as “Jane,” and to defendant Ing-Jieh Jeng as “Jack.” In the complaint, Jane and her husband (collectively, plaintiffs) alleged that they owned an undivided 85 percent interest in a single-family residence in Alhambra, and that Jack owned an undivided 15 percent interest. Plaintiffs sought a partition by sale. The five surviving siblings of Jane and Jack filed a complaint in intervention in the partition action, alleging that each of the siblings (including Jane and Jack) owned a one-seventh interest. 1 Following a bench trial, the trial court entered an interlocutory judgment decreeing that Jack, Jane, and her husband held title to the property as trustees of a resulting trust, and that Jane, Jack, and the other surviving siblings were the beneficiaries of the resulting trust and owned equitable interests in the property as tenants in common.

In the first appeal, plaintiffs challenged the trial court’s findings. We affirmed the judgment in Lin v.…