Updated on May 21, 2026
Summary Judgment in a Los Angeles County Partition Action: Three Sibling Rental Property Dispute
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 income and expenses. The situation reached a point where it had to be resolved through a partition action to force a sale. So Schorr Law filed the case.
How We Moved the 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.
The court agreed. That allowed us to move the case forward efficiently and position all three properties for sale.
The Delay Attempt
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 even contradicted what one of the defendants had said. The delay argument did not apply. Once that issue was addressed, the case continued without interruption.
Attorney’s Fees Result
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.
Why This Approach Worked
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.
Inherited Property Disputes
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 property without court involvement. Partition is often the only practical way forward.
Facing a Similar Situation in Los Angeles County?
If you are dealing with inherited property and co-owners who cannot agree, 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.
Frequently Asked Questions (FAQ)
Q: What is a partition action in California?
A: 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.
Q: Can inherited property be sold if one sibling refuses?
A: 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.
Q: What is summary judgment in a partition case?
A: 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.
Q: Why would a court award attorney’s fees in a partition action?
A: California courts may award attorney’s fees based on who benefited the partition process and who caused unnecessary delays or litigation expenses.
Q: Can a partition case be delayed by military service claims?
A: Potentially, yes. However, courts will evaluate whether the service member’s military duties truly prevent participation in the case before granting a delay.
Q: How long does a partition action take in Los Angeles County?
A: Every case is different, but strategic motions like summary judgment can sometimes shorten the timeline significantly by avoiding trial.
Q: What happens to rental income during a partition dispute?
A: Rental income and expenses are typically accounted for during the case. Courts may review who collected rent, paid expenses, or benefited disproportionately from the properties.
Q: Do all co-owners have to agree before filing a partition action?
A: No. Any co-owner of California real estate generally has the right to file a partition action, regardless of the other owners’ wishes.
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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