Dessel

Cummings v. Dessel

Good Law
13 Cal. App. 5th 589·2017 Cal. App. LEXIS 628·220 Cal. Rptr. 3d 463·2017 WL 3048706
Court of Appeal of CaliforniaJuly 19, 2017A144212California4,461 words

Opinion

Lead Opinion

Rivera, J.

*593 Defendants Jennifer Dessel and her daughter, Emily Seal, were half-owners of an investment property; plaintiff Gayle S. Cummings owned the other half. After disputes arose, Cummings sued seeking partition of the property. Following a bench trial, and over the objection of Dessel and Seal, the court ordered partition of the property by the appraisal method-that is, each half-owner could bid to purchase the other half-owner's interest, with the minimum bid set by appraisal. Dessel and Seal appealed.

In the published portion of the opinion, we conclude the trial court erred when it ordered partition of the property by appraisal because the parties had not agreed to that method, as is required by the statute. In the unpublished portion of the opinion, we conclude defendants have not shown the error was prejudicial. We also reject defendants' contention that the court abused its discretion in denying their request to continue the trial. Accordingly, we shall affirm the judgment.

I. BACKGROUND

A. The Property

In 2009, Dessel, Seal, and Cummings agreed to together purchase a parcel of land containing a relatively small and dilapidated residence with a carport. The parcel was…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.