Tuesday, August 15, 2017
Cummings v. Dessel
Cal.App. 1st Dist. (A144212) 7/19/17
The court held that the trial court erred when it ordered partition of the property by appraisal because the parties had not agreed to that method, as is required by the statute (C.C.P. 873.910 et seq.) Partition by appraisal is a procedure in which the court sets a minimum bid amount for each owner to bid to buy out the other owner's interest. However, in the unpublished portion of the opinion, the court concluded that defendants did not show that the error was prejudicial because they did not show that a higher price could have been obtained by a sale to a third party.