On March 17, 2020 a
Ruling 03/12/2021 - Ruling
was filed
involving a dispute between
Gaxiola, Viviana,
Maldonado, Marisol,
and
Loancare, Llc,
Maldonado, Marisol,
United Shore Financial Service, Llc,
for 26-CV Other Real Property-Civil Unlimited
in the District Court of Kern County.
Preview
Superior Court of California
County of Kern
Bakersfield Department 11
Date: 03/12/2021 BCV-20-100771
GAXIOLA VS MALDONADO
Courtroom Staff
Honorable: David R. Lampe Clerk: Veronica D. Lancaster
NATURE OF PROCEEDINGS: RULING ON PLAINTIFF'S MOTION TO APPOINT A REFEREE
TO SELL REAL PROPERTY; HERETOFORE SUBMITTED ON MARCH 9. 2021
RULING:
The Court denies Plaintiff’s Motion to Appoint a Referee to Sell Real Property as premature. Before a referee
becomes necessary, the court first must resolve each co-owner's respective interest in the subject property before
it can order a sale. (Summers v. Superior Court (2018) 24 Cal.App.5th 138, 144.) Before doing so, a court lacks
authority to order sale of the property and, naturally, to appoint a referee. (Id.) Regarding Plaintiff’s request that
the Court disregard, Defendant’s late-filed opposition, the Court chooses to consider the substance of Defendant’s
untimely opposition in the exercise of its discretion, consistent with the public policy in favor of resolving issues on
their merits rather than technicalities.
Defendant will prepare an order consistent with this ruling for the court's signature and pursuant to California
Rules of Court, rule 3.1312.
Copy of minutes mailed to all parties as stated on the attached certificate of mailing.
FUTURE HEARINGS:
December 17, 2021 11:00 AM Mandatory Settlement Conference
Schuett, Stephen D.
Bakersfield Department 18
January 24, 2022 9:00 AM Jury Trial
Lampe, David R.
Bakersfield Department 11
January 24, 2022 9:00 AM Final Case Management Conference
Lampe, David R.
Bakersfield Department 11
MINUTES
Page 1 of 2
GAXIOLA VS MALDONADO BCV-20-100771
MINUTES FINALIZED BY: Veronica Lancaster ON: 3/12/2021
GAXIOLA VS MALDONADO
BCV-20-100771
CERTIFICATE OF MAILING
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated March 12, 2021 attached hereto
on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: March 12, 2021
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: March 12, 2021
By: Veronica Lancaster
Veronica Lancaster, Deputy Clerk
MAILING LIST
MARIO A JUAREZ VICTORIA JANE TSOONG
625 E CHAPEL STREET CHUCK BIRKETT TSOONG
SANTA MARIA CA 93454 700 NORTH BRAND BLVD
SUITE 440
GLENDALE CA 91203-1247
STEPHEN C CHUCK VENETTA JASWAL
CHUCK & TSOONG LLP THE KALFAYAN LAW FIRM APC
700 N BRAND BLVD #440 2262 CARMEL VALLEY RD STE 200
GLENDALE CA 91203-4267 DEL MAR CA 92014
Certificate of Mailing
Page 2 of 2
Document Filed Date
March 12, 2021
Case Filing Date
March 17, 2020
Category
26-CV Other Real Property-Civil Unlimited
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Superior Court of California County of Kern Bakersfield Department 11 Date: 03/12/2021 BCV-20-100771 GAXIOLA VS MALDONADO Courtroom Staff Honorable: David R. Lampe Clerk: Veronica D. Lancaster NATURE OF PROCEEDINGS: RULING ON PLAINTIFF'S MOTION TO APPOINT A REFEREE TO SELL REAL PROPERTY; HERETOFORE SUBMITTED ON MARCH 9. 2021 RULING: The Court denies Plaintiff’s Motion to Appoint a Referee to Sell Real Property as premature. Before a referee becomes necessary, the court first must resolve each co-owner's respective interest in the subject property before it can order a sale. (Summers v. Superior Court (2018) 24 Cal.App.5th 138, 144.) Before doing so, a court lacks authority to order sale of the property and, naturally, to appoint a referee. (Id.) Regarding Plaintiff’s request that the Court disregard, Defendant’s late-filed opposition, the Court chooses to consider the substance of Defendant’s untimely opposition in the exercise of its discretion, consistent with the public policy in favor of resolving issues on their merits rather than technicalities. Defendant will prepare an order consistent with this ruling for the court's signature and pursuant to California Rules of Court, rule 3.1312. Copy of minutes mailed to all parties as stated on the attached certificate of mailing. FUTURE HEARINGS: December 17, 2021 11:00 AM Mandatory Settlement Conference Schuett, Stephen D. Bakersfield Department 18 January 24, 2022 9:00 AM Jury Trial Lampe, David R. Bakersfield Department 11 January 24, 2022 9:00 AM Final Case Management Conference Lampe, David R. Bakersfield Department 11 MINUTES Page 1 of 2 GAXIOLA VS MALDONADO BCV-20-100771 MINUTES FINALIZED BY: Veronica Lancaster ON: 3/12/2021 GAXIOLA VS MALDONADO BCV-20-100771 CERTIFICATE OF MAILING The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated March 12, 2021 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: March 12, 2021 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: March 12, 2021 By: Veronica Lancaster Veronica Lancaster, Deputy Clerk MAILING LIST MARIO A JUAREZ VICTORIA JANE TSOONG 625 E CHAPEL STREET CHUCK BIRKETT TSOONG SANTA MARIA CA 93454 700 NORTH BRAND BLVD SUITE 440 GLENDALE CA 91203-1247 STEPHEN C CHUCK VENETTA JASWAL CHUCK & TSOONG LLP THE KALFAYAN LAW FIRM APC 700 N BRAND BLVD #440 2262 CARMEL VALLEY RD STE 200 GLENDALE CA 91203-4267 DEL MAR CA 92014 Certificate of Mailing Page 2 of 2