Preview
1 Roy N. Johnston (SBN 185409)
Anthony Bentivegna, Esq. (SBN 129487)
2 JOHNSTON AND ASSOCIATES, Attorneys at Law, P.C.
1400 N. Dutton Avenue, Suite 21
3 Santa Rosa, California 95401
Phone: (707) 545-6542
4 Facsimile: (707) 545-1522
E-mail: abentivegna@johnstonassociateslaw.com
5
Attorneys for Defendant Eugene Piazza
6 and Cross-Complainants Eugene Piazza and Victoria Williams
7
8
9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SONOMA – CIVIL DIVISION
11
OLIVIA PIAZZA, an individual, Case No. SCV 270969
12
Plaintiff, Unlimited Civil Case
13
vs. [PROPOSED] INTERLOCUTORY
14 JUDGMENT
EUGENE PIAZZA, and ALL PERSONS
15 UNKNOWN CLAIMING ANY LEGAL OR
EQUITABLE RIGHT, TITLE, ESTATE, LIEN,
16 OR INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
17 ADVERSE TO PLAINTIFF’S TITLE
THERETO and DOES 1 through 50, inclusive,
18
Defendants.
19
EUGENE PIAZZA, an individual; and
20 VICTORIA WILLIAMS, an individual;
21 Cross-Complainants,
22 vs.
23 OLIVIA PIAZZA; and DOES 51-70, inclusive,
24 Cross-Defendants.
25
26
27
28
-1-
INTERLOCUTORY JUDGMENT
1
This Court, having granted the motion by Defendant Eugene Piazza and Cross-
2
Complainants Eugene Piazza and Victoria Williams to compel a partition by sale and having
3
granted the request for an interlocutory judgment, IT IS HEREBY ORDERED, ADJUDGED and
4
DECREED that:
5
1. The subject of this action is the real property (hereinafter referred to as "Real
6
Property") located in the County of Sonoma, State of California, situated at 7541 Windward Drive,
7
Rohnert Park, CA, APN 159-660-065, with the following legal description:
8
The land referred to herein below is situated in the City of Rohnert Park, County of
9
Sonoma, State of California. and is described as follows:
10
PARCEL ONE:
11
Lot 65, as shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the
12 Office of the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37
13 through 48, Sonoma County Records.
14 Reserving therefrom the Private Access, Private Maintenance, Utility and Public Utility
Easement, over the Southerly 11 feet of said Lot 65, for the benefit of Lots 62, 63 and 64, as
15 said lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase
2", filed in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps,
16
Pages 37 through 48, Sonoma County Records.
17
Also Reserving therefrom the Private Drainage Easement and Public Utility Easement over
18 the Southerly 11 feet of said Lot 65 for the benefit of Lots 62,63,64,87 and 88, as said lots
and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed
19 in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37
through 48, Sonoma County Records.
20
21 Further Reserving therefrom the Public Utility and Private Drainage Easement over the
Westerly 3.17 feet of the Southerly 11 feet for the benefit of Lots 62,63,64,87 and 88 as said
22 lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2",
filed in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps,
23 Pages 37 through 48, Sonoma County Records.
24
Further Reserving therefrom the Private Drainage Easement over the 5 foot by 5 foot areas,
25 as shown on the Map, for the benefit of Lots 64 and 87 as said lot and easements are shown
on the Map entitled "Southeast Estates Subdivision Phase 2", tiled in the Office of the
26 County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 through 48,
Sonoma County Records.
27
28
-2-
INTERLOCUTORY JUDGMENT
1 PARCEL TWO:
2 An Easement for Private Access, Private Maintenance, Utility, Public Utility Easement over
3 Lots 62,63,64, a said Lots and easement are shown on the Map entitled "Southeast Estates
Subdivision Phase 2", filed in the Office of the County Recorder on November 21, 2018 in
4 Book 800 of Maps, Pages 37 through 48, Sonoma County Records.
5 PARCEL THREE:
6
A Private Drainage Easement over Lots 62, 86,87,88,89, a said Lots and easement are
7 shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the Office of
the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 through 48,
8 Sonoma County Records.
9 A.P. No. 159-660-065-000.
10 2. Sale of the Real Property with division of the net proceeds of sale is more equitable
11 than division of the Real Property in kind.
12 3. The Real Property is subject to the following encumbrance: purchase money
13 mortgage with NewRez LLC.
14 4. Michael S. Pecherer, Attorney at Law, 24 Rio Vista, Orinda, California 94563, is
15 appointed referee pursuant to C.C.P. § 873.010 et seq. with authority to sell the Real Property to
16 the highest and best net bidder, subject to confirmation of the Court which may be accomplished by
17 ex parte application, and which manner of sale is determined to be most beneficial to the parties.
18 The sale shall be conducted as provided in C.C.P. §§ 873.600-873.690. No bond shall be required
19 of the referee until such time as the sale of the Real Property is confirmed by the Court.
20 5. The referee shall have the authority to enter upon the Real Property; to inspect the
21 Real Property; to evict any person or persons residing in the Real Property other than the parties; to
22 borrow money to repair the Real Property for sale and to repay any money borrowed, together with
23 interest at five (5%) percent simple interest per annum, from the net proceeds of sale of the Real
24 Property; to engage the services of inspectors and experts and to pay for the same from net proceeds
25 of sale of the Real Property. If the parties do not sign a mutually agreeable listing, the Referee shall
26 listing agreement at a brokers commission not to exceed 5%.
27 6. The Real Property shall be sold on an "as is" basis, without any warranty, express or
28 implied, except as to title. The sale is subject to current taxes, covenants, conditions, restrictions,
-3-
INTERLOCUTORY JUDGMENT
1
reservations, rights, rights of way, existing tenancies, and easements of record. Any encumbrances
2
of record shall be satisfied out of the proceeds of sale. The Real Property shall be sold for cash.
3
Real property taxes, rents, operating and maintenance expenses, and premiums on insurance
4
acceptable to the purchaser shall be prorated as of the date of recording the conveyance.
5
Examination of title, recording of the conveyance, notary fees, escrow fees, tax service fees, any
6
fees for any reports and/or inspections, and any title insurance policy shall be at the expense of the
7
purchaser or purchasers. Escrow shall close within thirty (30) days after the date of confirmation of
8
sale by the Court.
9
7. The referee, after selling the Real Property shall report to the Court on the sale
10
proceedings, and, upon confirmation of the sale by the Court and payment of the purchase price, is
11
authorized to execute and deliver a deed to the Real Property to the purchaser.
12
8. The Real Property shall be sold and the net proceeds of sale applied from any escrow
13
as follows:
14
A. To pay the fees and expenses of the referee and of his attorney, if any;
15 B. To pay the expenses of sale;
C. To pay the costs of partition or to secure any cost of partition later allowed;
16 D. To pay any party’s attorney's fees and costs in an amount to be determined by the
17 Court upon motion;
E. To distribute the entire residue as a deposit with this Court or a mutually
18 agreeable blocked account pending disposition of the Cross-Complaint, including
but not limited to Victoria Williams’ claims as to a 1/3 ownership interest in the
19 subject property.
20 9. The Court shall retain jurisdiction of the above-captioned matter to confirm the sale
21 of the Real Property and to review the report of the referee, and to order equitable adjustments that
22 the Court considers just and appropriate.
23
24 Dated: ___________________ ____________________________
25 Judge of the Superior Court
26
27 Approved as to form:
28 _____________________
Richard C. O’Hare
-4-
INTERLOCUTORY JUDGMENT
Preview
1 Roy N. Johnston (SBN 185409) Anthony Bentivegna, Esq. (SBN 129487) 2 JOHNSTON AND ASSOCIATES, Attorneys at Law, P.C. 1400 N. Dutton Avenue, Suite 21 3 Santa Rosa, California 95401 Phone: (707) 545-6542 4 Facsimile: (707) 545-1522 E-mail: abentivegna@johnstonassociateslaw.com 5 Attorneys for Defendant Eugene Piazza 6 and Cross-Complainants Eugene Piazza and Victoria Williams 7 8 9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SONOMA – CIVIL DIVISION 11 OLIVIA PIAZZA, an individual, Case No. SCV 270969 12 Plaintiff, Unlimited Civil Case 13 vs. [PROPOSED] INTERLOCUTORY 14 JUDGMENT EUGENE PIAZZA, and ALL PERSONS 15 UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, 16 OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT 17 ADVERSE TO PLAINTIFF’S TITLE THERETO and DOES 1 through 50, inclusive, 18 Defendants. 19 EUGENE PIAZZA, an individual; and 20 VICTORIA WILLIAMS, an individual; 21 Cross-Complainants, 22 vs. 23 OLIVIA PIAZZA; and DOES 51-70, inclusive, 24 Cross-Defendants. 25 26 27 28 -1- INTERLOCUTORY JUDGMENT 1 This Court, having granted the motion by Defendant Eugene Piazza and Cross- 2 Complainants Eugene Piazza and Victoria Williams to compel a partition by sale and having 3 granted the request for an interlocutory judgment, IT IS HEREBY ORDERED, ADJUDGED and 4 DECREED that: 5 1. The subject of this action is the real property (hereinafter referred to as "Real 6 Property") located in the County of Sonoma, State of California, situated at 7541 Windward Drive, 7 Rohnert Park, CA, APN 159-660-065, with the following legal description: 8 The land referred to herein below is situated in the City of Rohnert Park, County of 9 Sonoma, State of California. and is described as follows: 10 PARCEL ONE: 11 Lot 65, as shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the 12 Office of the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 13 through 48, Sonoma County Records. 14 Reserving therefrom the Private Access, Private Maintenance, Utility and Public Utility Easement, over the Southerly 11 feet of said Lot 65, for the benefit of Lots 62, 63 and 64, as 15 said lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps, 16 Pages 37 through 48, Sonoma County Records. 17 Also Reserving therefrom the Private Drainage Easement and Public Utility Easement over 18 the Southerly 11 feet of said Lot 65 for the benefit of Lots 62,63,64,87 and 88, as said lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed 19 in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 through 48, Sonoma County Records. 20 21 Further Reserving therefrom the Public Utility and Private Drainage Easement over the Westerly 3.17 feet of the Southerly 11 feet for the benefit of Lots 62,63,64,87 and 88 as said 22 lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps, 23 Pages 37 through 48, Sonoma County Records. 24 Further Reserving therefrom the Private Drainage Easement over the 5 foot by 5 foot areas, 25 as shown on the Map, for the benefit of Lots 64 and 87 as said lot and easements are shown on the Map entitled "Southeast Estates Subdivision Phase 2", tiled in the Office of the 26 County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 through 48, Sonoma County Records. 27 28 -2- INTERLOCUTORY JUDGMENT 1 PARCEL TWO: 2 An Easement for Private Access, Private Maintenance, Utility, Public Utility Easement over 3 Lots 62,63,64, a said Lots and easement are shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the Office of the County Recorder on November 21, 2018 in 4 Book 800 of Maps, Pages 37 through 48, Sonoma County Records. 5 PARCEL THREE: 6 A Private Drainage Easement over Lots 62, 86,87,88,89, a said Lots and easement are 7 shown on the Map entitled "Southeast Estates Subdivision Phase 2", filed in the Office of the County Recorder on November 21, 2018 in Book 800 of Maps, Pages 37 through 48, 8 Sonoma County Records. 9 A.P. No. 159-660-065-000. 10 2. Sale of the Real Property with division of the net proceeds of sale is more equitable 11 than division of the Real Property in kind. 12 3. The Real Property is subject to the following encumbrance: purchase money 13 mortgage with NewRez LLC. 14 4. Michael S. Pecherer, Attorney at Law, 24 Rio Vista, Orinda, California 94563, is 15 appointed referee pursuant to C.C.P. § 873.010 et seq. with authority to sell the Real Property to 16 the highest and best net bidder, subject to confirmation of the Court which may be accomplished by 17 ex parte application, and which manner of sale is determined to be most beneficial to the parties. 18 The sale shall be conducted as provided in C.C.P. §§ 873.600-873.690. No bond shall be required 19 of the referee until such time as the sale of the Real Property is confirmed by the Court. 20 5. The referee shall have the authority to enter upon the Real Property; to inspect the 21 Real Property; to evict any person or persons residing in the Real Property other than the parties; to 22 borrow money to repair the Real Property for sale and to repay any money borrowed, together with 23 interest at five (5%) percent simple interest per annum, from the net proceeds of sale of the Real 24 Property; to engage the services of inspectors and experts and to pay for the same from net proceeds 25 of sale of the Real Property. If the parties do not sign a mutually agreeable listing, the Referee shall 26 listing agreement at a brokers commission not to exceed 5%. 27 6. The Real Property shall be sold on an "as is" basis, without any warranty, express or 28 implied, except as to title. The sale is subject to current taxes, covenants, conditions, restrictions, -3- INTERLOCUTORY JUDGMENT 1 reservations, rights, rights of way, existing tenancies, and easements of record. Any encumbrances 2 of record shall be satisfied out of the proceeds of sale. The Real Property shall be sold for cash. 3 Real property taxes, rents, operating and maintenance expenses, and premiums on insurance 4 acceptable to the purchaser shall be prorated as of the date of recording the conveyance. 5 Examination of title, recording of the conveyance, notary fees, escrow fees, tax service fees, any 6 fees for any reports and/or inspections, and any title insurance policy shall be at the expense of the 7 purchaser or purchasers. Escrow shall close within thirty (30) days after the date of confirmation of 8 sale by the Court. 9 7. The referee, after selling the Real Property shall report to the Court on the sale 10 proceedings, and, upon confirmation of the sale by the Court and payment of the purchase price, is 11 authorized to execute and deliver a deed to the Real Property to the purchaser. 12 8. The Real Property shall be sold and the net proceeds of sale applied from any escrow 13 as follows: 14 A. To pay the fees and expenses of the referee and of his attorney, if any; 15 B. To pay the expenses of sale; C. To pay the costs of partition or to secure any cost of partition later allowed; 16 D. To pay any party’s attorney's fees and costs in an amount to be determined by the 17 Court upon motion; E. To distribute the entire residue as a deposit with this Court or a mutually 18 agreeable blocked account pending disposition of the Cross-Complaint, including but not limited to Victoria Williams’ claims as to a 1/3 ownership interest in the 19 subject property. 20 9. The Court shall retain jurisdiction of the above-captioned matter to confirm the sale 21 of the Real Property and to review the report of the referee, and to order equitable adjustments that 22 the Court considers just and appropriate. 23 24 Dated: ___________________ ____________________________ 25 Judge of the Superior Court 26 27 Approved as to form: 28 _____________________ Richard C. O’Hare -4- INTERLOCUTORY JUDGMENT