The motion is denied. Plaintiffs’ request for sanctions is denied.

Code of Civil Procedure CCP § 873.010(b)(6),(7) provides the court with authority to appoint, remove and/or appoint a new partition referee. The request to remove a referee must be supported by good cause.

Defendant has not provided any evidence that the Referee has colluded with the brokers, agents or Plaintiff’s counsel. Though Defendant disagrees with the list price of the Property at $1,200,000, she did not provide any evidence that the Property is worth any more than that price or that contradicts the valuation report prepared by the agents (attached to the motion as Exhibit C). Defendant also failed to produce any evidence that the Referee is not competently performing his duties. The Referee’s declaration shows his diligence performing services related to the listing and marketing of the Property, including obtaining offers, evaluating them and making efforts to increase the bid prices. (Referee Dec., ¶ 9.)

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