Summary Judgment in a Los Angeles Partition Action Involving Three Inherited Rental Properties
This was a case we handled involving three siblings who inherited three rental properties in Los Angeles County. Each sibling owned one-third. On paper, it looked simple. In reality, it was not.
The sibling inheritors could not agree on how to manage the properties, whether to sell, or how to deal with rental income and expenses. The situation reached a point where it had to be resolved through a Los Angeles partition action to force a sale. So Schorr Law filed the case.
Because there was no real dispute over the one-third ownership interests, the case became a strong candidate for summary judgment rather than a full trial. That strategy helped move the inherited rental properties toward sale while addressing the co-owner deadlock.
How Summary Judgment Moved the Partition Case Forward?
Once we got involved, it became clear there was no real dispute about ownership. Everyone agreed on the percentages. The problem was a lack of cooperation. Rather than let the case drag out, we made the decision early to push for summary judgment. The goal was to get the court to order the sale without going through a full trial.
Because the one-third ownership interests were not genuinely disputed, summary judgment gave the court a way to address the partition sale issue without unnecessary delay.
The court agreed. That allowed us to move the case forward efficiently and position all three inherited rental properties for sale.
How We Addressed a Delay Attempt in the Partition Case?
During the case, one of the defendants tried to delay the proceedings by claiming active military service. We looked into it right away. After contacting the defendant’s commanding officer, we confirmed that the defendant was able to participate in the case, and the commanding officer contradicted what one of the defendants had said.
Because the military-service claim did not prevent participation in the partition action, the delay argument did not apply. Once that issue was addressed, the case continued without interruption.
Attorney’s Fees Result: 80% Awarded Back to Our Client
This was a significant part of the outcome. Our client owned one-third of the properties, but the court awarded 80% of the attorney’s fees back to our client. That reflected who actually carried the case forward and who caused the delays.
In a partition action, attorney’s fees may be treated as costs of partition when they are incurred for the common benefit. Here, the fee result recognized the work required to move the inherited rental property dispute toward sale despite the lack of cooperation.
Why Summary Judgment Helped Avoid Trial in the Partition Action?
If this case had followed the normal path, it likely would have taken much longer and cost more. By pushing early with summary judgment, we avoided trial and kept the case moving. The properties were prepared for sale and the dispute was resolved without unnecessary litigation.
Because the ownership percentages were clear, summary judgment helped move the partition action toward a sale process without letting the co-owner deadlock continue.
Inherited Rental Property Disputes Between Siblings
We see this often with inherited property. Things start out manageable, but disagreements build over time. Once that happens, it becomes very difficult to co-own income-producing rental property without court involvement. Partition is often the only practical way forward.
That is especially true when co-owners cannot agree on management, sale decisions, rental income, expenses, or how the properties should be handled long term.
Facing an Inherited Rental Property Partition Dispute in Los Angeles County?
If you are dealing with inherited rental property and co-owners who cannot agree on management, sale, income, or expenses, there are ways to resolve it. In some cases, that means filing a partition action. In others, it means taking a more strategic approach to move things along quickly.
Schorr Law handles partition actions and co-ownership disputes throughout Los Angeles County.
FAQs About Summary Judgment and Inherited Rental Property Partition Actions
What is a partition action in California?
A partition action is a lawsuit filed when co-owners of real estate cannot agree on what to do with the property. In many cases, the court orders the property sold and divides the proceeds according to ownership percentages.
Can inherited rental property be sold if one sibling refuses?
Yes. In California, a co-owner generally has the right to force the sale of inherited property through a partition action, even if another sibling disagrees. That can include inherited rental property or multiple inherited properties.
What is summary judgment in a partition case?
Summary judgment is a legal procedure that allows the court to decide part or all of a case without a full trial when there is no real dispute over key facts, such as ownership percentages. California Code of Civil Procedure § 437c governs summary judgment motions.
Why would a court award attorney’s fees in a partition action?
California courts may award attorney’s fees in a partition action when fees are incurred for the common benefit. Courts may also consider who moved the partition process forward and who caused unnecessary delays or litigation expenses.
Can a partition case be delayed by military service claims?
Potentially, yes. The Servicemembers Civil Relief Act can protect active-duty servicemembers by allowing a stay of certain civil proceedings, but courts still evaluate whether military duties actually affect the person’s ability to participate.
How long does a partition action take in Los Angeles County?
Every case is different, but strategic motions like summary judgment can sometimes shorten the timeline by avoiding trial when ownership interests and the right to partition are not genuinely disputed.
What happens to rental income during a partition dispute?
Rental income and expenses are typically accounted for during the case. Courts may review who collected rent, paid expenses, managed the properties, or benefited disproportionately from the rental properties.
Do all co-owners have to agree before filing a partition action?
No. A co-owner of California real estate generally has the right to file a partition action even if the other owners object. California Code of Civil Procedure § 872.210 provides that a partition action may be commenced and maintained by owners of several qualifying property interests.
About the Author
Zachary D. Schorr is a California real estate litigation attorney and the founding attorney of Schorr Law. He represents clients in specific performance actions, partition lawsuits, quiet title disputes, and complex real estate litigation throughout Southern California.
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