No Value: Valera vs Foppiano

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                                Brian J. Clark (SBN 277681)
     Gregory P. Wayland (SBN 277437)
     Roberto G. Cmz (SBN 342729)
     Attorneys Real Estate Group, APC
     905 Highland Pointe Drive, Suite 100
     Roseville, CA 95678
     Telephone: (916) 671-3138
     Email: gwayland AttorneysRE.corn


     Attorneys for Susan Foppiano Valera


                         SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                            COUNTY OF SONOMA

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                                                    -oOo-
     SUSAN FOPPIANO VALERA, an                              Case No.: SCY-269355
     Individual,
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                                                            [PROPOSED] ORDER AFTER HEARING
13                             Plaintiff,                   APPOINTING LINDA POND PARTITION
                                                            REFEREE
14          vs.
                                                                      [C.C.P. 12I[873.010, et seq.]
15   LOUIS M. FOPPIANO, an individual and as
     Trustee of The Helaine Noreen Foppiano and             H~
16   Louis Michael Foppiano 1997 Trust dated                Date:      March 29, 2023
     December 23, 1997, HELAINE N,                          Time:      3:00 p.m.
17   FOPPIANO, an individual and as Trustee of              Dept:      18
     The Helaine Noreen Foppiano and Louis
18   Michael Foppiano 1997 Trust dated
     December 23, 1997, PAUL Foppiano, an                   FAC:     October l, 2022
19   individual and as Tmstee of the Gina Marie             Trial:   lVo»e Set
     Hocker Revocable Tmst dated September 25,
20   2015, all persons unknown claiming any
     interest in the property, and DOES 1-20,
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                                                              HON. CHRISTOPHER HONIGSBERG
22                             Defendants.

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24          On Wednesday, March 29, 2023, at 3:00 p.m., the above referenced matter came on

25   regularly for hearing in Deparbnent 18 before the Hon. Christopher Honigsberg on motion to
26   appoint a partition referee pursuant to Cal. Code of Civil Procedure 12873.010, et seq., the
 1    Plaintiff appeared by and through her counsel of record Gregory P. Wayland, Esq., of Attorneys
 2    Real Estate Group, APC, the Defendants appeared by and through their counsel of record,

 3    Edward McCutchan of Sunderland McCutchan, LLP.

               The COURT, having heard argument, adopts its tentative ruling and finds and ORDERS

 5    as follows:

               On October 14, 2022 the Court granted interlocutory adjudication of Plaintif1's cause of

 7    action for partition by sale of the subject property and bifurcated the issue of appointment of a

 8    partition referee for the parties to submit nominations for the referee. The parties have each

 9    submitted their own nominee. The Court notes that Plaintiff s nomination was filed after the

10    deadline set forth in the Court's previous tentative ruling. Nonetheless, Defendants still had

1 1   sufficient time to, and did in fact, file their objections to the nomination. Thus, the Court

12    exercises its discretion to consider Plaintiff's nomination. The Court has considered each party'

13    objection to the other's nomination.

14             The Court hereby appoints Linda Pond as partition referee for the purpose of selling the

15    real property located at 12781 Old Redwood Highway, Healdsburg, California. Linda Pond shall

16    post a bond of $ 4,000. The Court finds Linda Pond's hourly rate of $ 425 to be reasonable. At the
17    conclusion of the sale of the property, Linda Pond shall file a final account and request for

18    discharge.

19             SO ORDERED.

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21    Dated:
                                             Hon. Christopher Honigsberg
22                                           Judge of the Superior Court
                                             County of Sonoma
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