Case Number:
19STCV40849
Hearing Date:
August 11, 2021
Dept:
52
Tentative Ruling:
Plaintiff James J. Magruder’s Motion for Summary Judgment or Summary Adjudication
Evidentiary Objections
Defendant Catherine A. Magruder makes seven objections to the Declaration of James J. Magruder and objects to admission of plaintiff’s Exhibits 5, 9, 10, and 18-21.
All the objections are
OVERRULED.
First Cause of Action: Partition
The court cannot grant summary adjudication on this cause of action for two reasons.
First, plaintiff failed to include an indispensable party.
It is undisputed that Xceed Financial Credit Union has a security interest in the property based on a deed of trust from refinancing the property in 2014.
(First Am. Comp., ¶¶ 9-10.)
The only dispute is whether that means Xceed must be named as a defendant.
Xceed is a necessary party.
CCP § 872.510 provides, “The plaintiff shall join as defendants i
Hearing Date
August 11, 2021
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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Case Number:
19STCV40849
Hearing Date:
August 11, 2021
Dept:
52
Tentative Ruling:
Plaintiff James J. Magruder’s Motion for Summary Judgment or Summary Adjudication
Evidentiary Objections
Defendant Catherine A. Magruder makes seven objections to the Declaration of James J. Magruder and objects to admission of plaintiff’s Exhibits 5, 9, 10, and 18-21.
All the objections are
OVERRULED.
First Cause of Action: Partition
The court cannot grant summary adjudication on this cause of action for two reasons.
First, plaintiff failed to include an indispensable party.
It is undisputed that Xceed Financial Credit Union has a security interest in the property based on a deed of trust from refinancing the property in 2014.
(First Am. Comp., ¶¶ 9-10.)
The only dispute is whether that means Xceed must be named as a defendant.
Xceed is a necessary party.
CCP § 872.510 provides, “The plaintiff shall join as defendants i