This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 07:34:55 (UTC).

AURORA P. MARTINEZ VS MIGUEL A. MARTINEZ ET AL

Case Summary

On 02/03/2015 AURORA P MARTINEZ filed a Property - Other Real Property lawsuit against MIGUEL A MARTINEZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are STEVEN J. KLEIFIELD and ROBERT B. BROADBELT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1337

  • Filing Date:

    02/03/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEVEN J. KLEIFIELD

ROBERT B. BROADBELT

 

Party Details

Plaintiffs and Cross Defendants

MARTINEZ AURORA P.

MARTINEZ MARTHA

MARTINEZ MIGUEL A.

ROES 1-100

Defendants and Respondents

DOES 1 TO 100

MARTINEZ ESPERANZA

MARTINEZ MARTHA

MARTINEZ MIGUEL A.

Defendant and Cross Plaintiff

MARTINEZ ESPERANZA

Not Classified By Court

ASHWORTH RICHARD B

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

BUNN DAVID G. ESQ.

Defendant and Cross Plaintiff Attorneys

DOONAN SCOTT D. ESQ.

HANSEN MARK T. ESQ.

Defendant and Respondent Attorney

HANSEN MARK T. ESQ.

Not Classified By Court Attorneys

COUCH ANDREW W.

COUCH ANDREW WALTER

Other Attorneys

FRANKLIN NORMA NAVA ESQ.

BUNN DAVID GRANGER ESQ.

 

Court Documents

DEFENDANT AND CROSS-DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ'S EX PARTE APPLICATION FOR AN ORDER TO AMEND THE INTERLOCUTORY JUDGMENT FOR PARTITION OF REAL PROPERTY BY SALE, SIGNED BY THE COUR

3/23/2018: DEFENDANT AND CROSS-DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ'S EX PARTE APPLICATION FOR AN ORDER TO AMEND THE INTERLOCUTORY JUDGMENT FOR PARTITION OF REAL PROPERTY BY SALE, SIGNED BY THE COUR

OPPOSITION OF REFEREE RICHARD B. ASH WORTH TO THE EX PARTE APPLICATION OF DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ FOR THE COURTS ORDER STAYING THE SALES OF THE PROPERTIES THAT ARE THE SUBJEC

9/20/2018: OPPOSITION OF REFEREE RICHARD B. ASH WORTH TO THE EX PARTE APPLICATION OF DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ FOR THE COURTS ORDER STAYING THE SALES OF THE PROPERTIES THAT ARE THE SUBJEC

EX PARTE APPLICATION OF REFEREE RICHARD B. ASHWORTH FOR THE COURT'S ORDER REQUIRING THE PARTIES TO PROVIDE DOCUMENTS TO THE REFEREE THAT ARE REQUIRED FOR THE ISSUANCE OF TITLE POLICIES TO THE BUYERS O

9/28/2018: EX PARTE APPLICATION OF REFEREE RICHARD B. ASHWORTH FOR THE COURT'S ORDER REQUIRING THE PARTIES TO PROVIDE DOCUMENTS TO THE REFEREE THAT ARE REQUIRED FOR THE ISSUANCE OF TITLE POLICIES TO THE BUYERS O

Minute Order

10/16/2018: Minute Order

Minute Order

10/24/2018: Minute Order

Notice

11/15/2018: Notice

NOTICE OF CASE MANAGEMENT CONFERENCE

2/4/2015: NOTICE OF CASE MANAGEMENT CONFERENCE

DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ'S ANSWER TO COMPLAINT

5/27/2015: DEFENDANTS MIGUEL A. MARTINEZ AND MARTHA MARTINEZ'S ANSWER TO COMPLAINT

CASE MANAGEMENT STATEMENT

5/29/2015: CASE MANAGEMENT STATEMENT

DEFENDANT ESPERANZA MARTINEZ, TRUSTEE OF THE TEODORO MARTINEZ AND ESPERANZA MARTINEZ FAMILY LIVING TRUST, VERIFIED ANSWER TO THE VERIFIED COMPLAINT FOR PARTITION BY SALE AND FOR AN ACCOUNTING

8/13/2015: DEFENDANT ESPERANZA MARTINEZ, TRUSTEE OF THE TEODORO MARTINEZ AND ESPERANZA MARTINEZ FAMILY LIVING TRUST, VERIFIED ANSWER TO THE VERIFIED COMPLAINT FOR PARTITION BY SALE AND FOR AN ACCOUNTING

NOTICE OF POSTING JURY FEES

9/29/2015: NOTICE OF POSTING JURY FEES

CASE MANAGEMENT STATEMENT

9/29/2015: CASE MANAGEMENT STATEMENT

NOTICE OF CHANGE OF ADDRESS

12/16/2015: NOTICE OF CHANGE OF ADDRESS

SUBSTITUTION OF ATTORNEY

4/11/2016: SUBSTITUTION OF ATTORNEY

Minute Order

5/9/2016: Minute Order

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

6/9/2016: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

INFORMAL DISCOVERY CONFERENCE (PURSUANT TO THE DISCOVERY RESOLUTION STIPULATION OF THE PARTIES)

9/28/2016: INFORMAL DISCOVERY CONFERENCE (PURSUANT TO THE DISCOVERY RESOLUTION STIPULATION OF THE PARTIES)

NOTICE OF CONTINUED INFORMAL DISCOVERY CONFERENCE

11/8/2016: NOTICE OF CONTINUED INFORMAL DISCOVERY CONFERENCE

107 More Documents Available

 

Docket Entries

  • 07/03/2019
  • Notice of Ruling; Filed by Aurora P. Martinez (Legacy Party)

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  • 06/28/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Order to Show Cause Re: Dismissal (Settlement) (reDismissal) - Held - Continued

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  • 06/28/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement) re: Dismissal;)); Filed by Clerk

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  • 06/26/2019
  • Notice of Ruling; Filed by Aurora P. Martinez (Legacy Party)

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  • 04/30/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Order to Show Cause Re: Dismissal (Settlement) (reDismissal) - Held - Continued

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  • 04/30/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement) re: Dismissal)); Filed by Clerk

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  • 03/28/2019
  • Notice of Change of Address or Other Contact Information; Filed by Norma Nava Franklin, Esq. (Attorney)

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  • 01/29/2019
  • at 08:30 AM in Department 53, Robert B. Broadbelt, Presiding; Order to Show Cause Re: Dismissal (Settlement) (reDismissal) - Held - Continued

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  • 01/29/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal (Settlement) re: Dismissal)); Filed by Clerk

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  • 12/20/2018
  • SECOND AMENDED INTERLOCUTORY JUDGMENT FOR PARTITITON OF REAL PROPERTY BY SALE; Filed by Aurora P. Martinez (Legacy Party)

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235 More Docket Entries
  • 03/30/2015
  • Notice and Acknowledgment of Receipt; Filed by Aurora P. Martinez (Legacy Party)

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  • 03/05/2015
  • Proof of Service by Mail; Filed by Aurora P. Martinez (Legacy Party)

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  • 03/05/2015
  • Proof of Service by Mail; Filed by Aurora P. Martinez (Legacy Party)

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  • 03/05/2015
  • PROOF OF PERSONAL SERVICE

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  • 03/05/2015
  • PROOF OF PERSONAL SERVICE

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  • 02/04/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 02/04/2015
  • Notice of Case Management Conference; Filed by Court

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  • 02/03/2015
  • COMPLAINT FOR PARTITION BY SALE AND FOR ACCOUNTING

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  • 02/03/2015
  • SUMMONS

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  • 02/03/2015
  • Complaint; Filed by null

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Tentative Rulings

Case Number: BC571337    Hearing Date: July 16, 2020    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

Aurora p. martinez, trustee of the salvador a. martinez and aurora p. martinez trust dated february 23, 1991 ,

Plaintiff,

vs.

miguel a. martinez and martha martinez, trustees of the miguel a. martinez and martha martinez family living trust , et al.,

Defendants.

Case No.:

BC571337

Hearing Date:

July 16, 2020

Time:

10:00 a.m.

Order RE:

motion by referee richard b. ashworth for the court’s order approving the referee’s final accounting, APPROVING THE PAYMENT OF THE REFEREE’S FEES AND THOSE OF HIS ATTORNEY, APPROVING THE DISTRIBUTION OF THE BALANCE OF FUNDS TO THE PARTIES, AND DISCHARGING THE REFEREE

AND RELATED CROSS-ACTION

MOVING PARTY: Referee Richard B. Ashworth

RESPONDING PARTY: n/a

Motion by Referee Richard B. Ashworth for the Court’s Order Approving the Referee’s Final Accounting, Approving the Payment of the Referee’s Fees and Those of his Attorney, Approving the Distribution of the Balance of Funds to the Parties, and Discharging the Referee

BACKGROUND

Plaintiff Aurora P. Martinez, Trustee of the Salvador A. Martinez and Aurora P. Martinez Trust dated February 23, 1991, filed this partition action on February 3, 2015.

On December 20, 2018, the court entered the Second Amended Interlocutory Judgment for Partition of Real Property by Sale (the “Second Amended Interlocutory Judgment”), by which the court relieved its appointed referee, Richard B. Ashworth (the “Referee”), from its previous order directing him to sell the properties, and instead authorized the parties to transfer their interests in the properties among themselves pursuant to their settlement agreement dated November 2, 2018 (the “Settlement Agreement”). (Second Amended Interlocutory Judgment For Partition of Real Property by Sale, filed December 20, 2018.)

In the Second Amended Interlocutory Judgment, the court ordered the Referee to continue to assume all property management responsibilities for the parcels until written notification by the parties to the Referee that escrow has closed as described in Paragraph 3.3 of the Settlement Agreement. (Id. at pp. 3:17-4:4.) The Referee has received written notification of the close of the escrows and has turned over the management responsibilities for each of the properties to the parties. (Ashworth Decl., ¶ 2.) The Second Amended Interlocutory Judgment ordered the Referee to file an accounting with the court after close of the escrows, which the Referee has submitted in support of this motion as Exhibits A-D. (Ashworth Decl., ¶¶ 7-10.)

The Referee now moves for an order approving his final accounting, approving the payment of the Referee’s fees, those of his attorney, and those of the parties’ exchange accommodator, and discharging the Referee from further duties in this matter.

Legal Standard

Code of Civil Procedure section 873.010, subdivision (b) provides that the court, upon partition of real property, may provide for the payment of the referee’s reasonable expenses and require the filing of final accounts of the referee, settle the accounts of the referee, and discharge the referee. (Code Civ. Proc., § 873.010, subd. (b).) The costs of partition include the fee and expenses of the referee as well as the reasonable attorney’s fees incurred or paid by a party for the common benefit. (Code Civ. Proc., § 874.010.) The court shall apportion the costs of partition among the parties in proportion to their interests. (Code Civ. Proc., § 874.040.)

DISCUSSION

The Second Amended Interlocutory Judgment provides that the Referee shall file an accounting with the court within 30 days from receipt of the Notice of Close of Escrow. The Second Amended Interlocutory Judgment also provides that, pursuant to the Settlement Agreement, the Referee may use accumulated rents from the properties to pay fees owed to the Referee, fees owed to the Referee’s attorney of record, and any other outstanding fees and costs related to the sale of real properties. The Second Amended Interlocutory Judgment states, in relevant part: “[T]he Referee, his attorney of record, Andrew W. Couch, Esq., . . . may furnish copies of their fee invoices to date to the Parties for payment without the need for formal law and motion. Within fifteen (15) days after service of the fee invoices, any party may file law and motion with the court to contest the payment of any such fees/costs. . . . . If no party files law and motion to contest such fees, the Referee may issue prompt payment for the fees from the funds (accumulated rents) held on behalf of the parties.” (Second Amended Interlocutory Judgment, § 8, subd. (h), p. 5:13-21.)

The Second Amended Interlocutory Judgment further provides that “[a]fter all fees are paid and resolved, the Referee shall deliver any remaining cash balance in equal shares to Esperanza Martinez (1/3rd thereof), Aurora Martinez (1/3rd thereof) and Miguel and Martha Martinez (1/3rd thereof).” (Second Amended Interlocutory Judgment, § 8, subd. (h), p. 5:22-24.)

The Referee states in his declaration that, on January 23, 2020, he turned over the management responsibilities for the properties, and his records of his management of each property, to the parties who were entitled to the properties after the transfers of the fractional interests. (Ashworth Decl., ¶ 2.) The Referee submits the final accounting. (Ashworth Decl., Exhs. A-D.)

The Referee also submits copies of the invoices for the services of the Referee as well as copies of the invoices for the services of his attorney. (Ashworth Decl., Exhs. H-I.) The Referee states that, if any party files any opposition or objection to the payment of the fees due pursuant to the Second Amended Interlocutory Judgment, the Referee will delay the payment of those fees pending further order by this court.

The court notes that the parties filed a stipulation on June 29 stating that they do not object to the final accounting and fees requested by the Referee and those of his attorney. (Stipulation, filed June 29, 2020, ¶ 2.)

The Referee’s submitted invoice shows a total balance of $7,400 ($1,550 for “Partition Action” + $1,400 for 326 Dalton Ave. Parcel + $1,375 for 328 Dalton Ave. Parcel + $1,875 for Virginia Ave. Parcel + $1,200 for Pasadena Ave. Parcel) for services provided. (Ashworth Decl., Exh. H.) The Referee’s attorney, Andrew Couch, states in his declaration that the total balance due for his services is $6,992.66. (Couch Decl., ¶ 3; Ashworth Decl., Exh I.)

Based on the foregoing and in light of the parties’ stipulation to the Referee’s final accounting and the fees requested by the Referee and his attorney, the court approves the Referee’s final accounting and the payment of the Referee’s fees and those of his attorney. The court orders that the Referee is authorized to pay from the accumulated rent described in the Second Amended Interlocutory Judgment $7,400 for the Referee’s fees and $6,992.66 for the Referee’s attorney’s fees.

Pursuant to the Second Amended Interlocutory Judgment, the court orders the Referee to distribute in equal shares any cash balance remaining after payment of the Referee and the Referee’s attorney’s fees to Esperanza Martinez (1/3rd thereof), Aurora Martinez (1/3rd thereof), and Miguel and Martha Martinez (1/3rd thereof).

The court orders that, upon payment of all fees and distribution of net funds to Esperanza Martinez, Aurora Martinez, and Miguel and Martha Martinez, the Referee is deemed discharged.

The court orders the Referee to give notice of this ruling.

IT IS SO ORDERED.

DATED: July 16, 2020

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

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