FL-23-000323 – MEAD VS MEAD
Petitioner’s Request for Order re Sale of Real Property, etc.—HEARING REQUIRED.
The Court finds that Petitioner’s evidence and declarations establish a threshold showing that the subject property is at risk of loss and therefore a pendente lite sale is authorized by Family Code section 2108.
However, Petitioner’s counsel offers no authority and it does not appear that consideration has been given to the Court’s broad and exclusive authority over the marital estate, including injunctive powers over third-party creditors without necessity of joinder. Given the absence of any Responsive Declaration or objections by Respondent’s counsel, the Court presumes that Respondent does not disagree with the necessity of immediate judicial action to prevent the risk of loss to the subject property due to foreclosure.
Accordingly, both counsel are directed to meet and confer with respect to whether a 2108 sale order or injunctive relief affords the best solution to the cu
Hearing Date
December 28, 2023
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FL-23-000323 – MEAD VS MEAD
Petitioner’s Request for Order re Sale of Real Property, etc.—HEARING REQUIRED.
The Court finds that Petitioner’s evidence and declarations establish a threshold showing that the subject property is at risk of loss and therefore a pendente lite sale is authorized by Family Code section 2108.
However, Petitioner’s counsel offers no authority and it does not appear that consideration has been given to the Court’s broad and exclusive authority over the marital estate, including injunctive powers over third-party creditors without necessity of joinder. Given the absence of any Responsive Declaration or objections by Respondent’s counsel, the Court presumes that Respondent does not disagree with the necessity of immediate judicial action to prevent the risk of loss to the subject property due to foreclosure.
Accordingly, both counsel are directed to meet and confer with respect to whether a 2108 sale order or injunctive relief affords the best solution to the cu