This is a clear, unequivocal, and affirmative request that the court partition the property by division, and not by sale as requested in real party's complaint. An answer is a formal document filed by the defendant(s) with the proper court in which they were initially served a complaint. The Sample Answer, which is one form of Respose, to a ADA Lawsuit, Busienss, or Real Estate Lawsuit filed in a California Superior Court, or in the case of an ADA lawsuit, filed in part in Federal District Court for ADA claims. In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the litigation involved. [Optional if Joint Tenancy: By executing the verification to this complaint, Plaintiff hereby severs the joint tenancy on the basis that the execution on this complaint constitutes execution of “a written instrument that evidences the intent to sever the joint tenancy” under Civil Code § 683.2(a)(2), thereby creating a tenancy-in-common for which this partition action is proper.]. Attorney General of California TANIA M. IBANEZ Supervising Deputy Attorney General . The real property (“property”) that is subject of this action is located in Volusia County, Florida, and is more particularly described as follows: If the Demurrer is sustained The conduct of … I herewith enclose my check for $7.50 on account of court costs and clerk's fees. The information on this site is intended to be used in conjunction with an experienced California attorney. This sample complaint for quiet title and partition for California is verified and also includes causes of action for partition and declaratory relief is used when a party wishes to have the Court partition certain real property, and also to quiet title to certain real property as well as obtain declaratory relief from the court. The lawyers at Talkov Law serve Los Angeles, San Diego, Long Beach, Anaheim, San Jose, Santa Ana, Riverside, Irvine, Chula Vista, San Bernardino, Fontana, Moreno Valley, Santa Clarita, Glendale, Mountain View, Huntington Beach, Ontario, Rancho Cucamonga, Palo Alto, Oceanside, Garden Grove, Corona, Lancaster, Palmdale, Daly City, Pomona, Escondido, Torrance, Los Altos, Pasadena, Orange, Menlo Park, San Bruno, Fullerton, Victorville, Murrieta, El Monte, San Mateo, Carlsbad, Temecula, Sunnyvale, Costa Mesa, Downey, and Jurupa Valley, West Covina, Newport Beach, Chino Hills, Perris, Upland, Apple Valley, Redlands, Yorba Linda, Redondo Beach, Laguna Niguel, San Clemente, Eastvale, Encinitas, Diamond Bar, Palm Desert, Palm Springs, West Hollywood, Claremont, San Juan Capistrano, Beverly Hills, and elsewhere in California. DEFENDANT’S ANSWER TO PLAINTIFF’S COMPLAINT Defendant United Parcel Service, Inc. (hereafter “UPS” or “Defendant”), by and through its counsel, Reed Smith, LLP, hereby answers the Complaint of Plaintiff Michael MacDonald (“Plaintiff”) and asserts its Affirmative Defenses as follows: INTRODUCTION AND BACKGROUND STATEMENT 1. 131358 . ANSWER and affirmative defenses to 1 Complaint with Jury Demand by Lorit, LLC. Form Complaint for Partition by Sale in California, California Complaint for Partition by Sale Template, Sample Complaint in California Partition Action [Draft], Ultimate Guide to Partition Actions in California, How to Force the Sale of Jointly Owned Property in…, Right to Partition is Absolute in California, Partition Referees in Real Estate Co-Ownership Disputes, Fraudulent Misrepresentation in California [Elements Examples Cases Defenses], Foreign Language Newspapers Qualify for Adjudication as Newspapers of General Circulation, Fraud Must be Alleged with Particularity in Federal & Bankruptcy Court [FRCP 9(b)], 4 Secrets for Choosing a Custody Lawyer [How to Choose the Best Family Law Attorney for Your Custody Case], The 5 Differences Between Adoption and Guardianship, Purchase and Sale Agreement Dispute Attorney, Creditor Representation Bankruptcy Attorney, Disinheritance, Omitted Child, and Omitted Spouse. In … Plaintiff does not know the true names and capacities of the defendants sued as Does 1 through 10, inclusive, and therefore sues these defendants by such fictitious names. Partition by sale is more equitable in the circumstances than partition by physical division for the reason that the Property includes a single building that cannot be physically divided. For partition by sale of the interests in the Property according to the respective rights of the parties hereto; That the costs of partition, and of this action, including reasonable attorneys’ fees expended by Plaintiff for the common benefit, fees and expenses of referees and/or agents, and other disbursements be ordered paid by the parties in accordance with their respective interests in the Property, that the costs and attorneys’ fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial, and that the referee’s fees be included and specified in the judgment and become a lien on the respective interests of any non-cooperative defendant(s) in an amount according to proof at time of trial with statutory interest thereon at a rate of ten percent per annum; That an order of disbursement be made according to an allowance, accounting, contribution, and other compensatory adjustments among the parties according to the principles of equity; For equitable relief to change the locks, thereby excluding any non-cooperative defendants and any other individuals with keys to the Property, including their personal belongings, in the event of their non-cooperation with the orderly sale of the Property; For such other and further relief that the court may deem just and proper. Attorney for Complainant Plaintiff incorporates the allegations above as though fully set forth herein. Plaintiff has spent considerable sums of money in maintaining and preserving the Real Property for the benefit of both Plaintiff and Defendants, and each of them, in an amount according to proof, but at least the sum of $10,000, with interest at the rate of ten (10%) percent per annum from the date of each expenditure. However, complaints are also considered sufficient to start a partition action. As a courtesy, we are providing this partition action complaint in Microsoft Word format for use only in consultation with or when represented by an attorney. § 874.010(a), Plaintiff has and will incur the costs of the partition by sale of the Property, including reasonable attorneys’ fees incurred by the Plaintiff, for the common benefit of the parties, in an amount according to proof, which shall be allocated to the parties according to their ownership interests in the Property. Contacting an experienced litigation attorney as soon as possible once you have been served with a complaint is extremely important as in most cases you will only have 30 calendar days to file your answer with the court. Parties are often able to do so after consulting with a skilled partition action lawyer to strategize on an appropriate outcome. Defendant GARY SAMPLE112 is a resident of, and is conducting business in Orange County, (“Bugnacki” or “Defendant(s)”), and states the following in good support of this Complaint: NATURE OF THE ACTION 1. This is a 42 U.S. Code § 1983 federal civil rights case under the First and Fourth Amendments of the United States Constitution as applied to the States under the United States Constitution’s Fourteenth Amendment for the Defendants’ individual and … The complaint or petition should clarify the point that the plaintiff is a joint owner of a property with the defendants and the plaintiff wants a partition of the property. D. Suggestions, Comments, Observations, Inefficiencies, Fraud, Incompetence, Malpractice 34. 5. Talkov Law Corp.(844) 4-TALKOV (825568)info@talkovlaw.com, Offices in Los Angeles, Orange County, San Diego, Riverside, Palm Springs, San Bernardino County, Palo Alto, and San Jose. On [Date], a grant deed transferring the Property from third parties to “[text from the deed]” was recorded in the Official Records of [Name of County] County as Instrument Number [number], a true and correct copy of which is attached hereto as Exhibit 1 and incorporated herein by reference. “Ordinarily, if the party seeking partition is shown to be a tenant in common, and as such entitled to the possession of the land sought to be partitioned, the right to partition is absolute, and cannot be denied, ‘either because of any supposed difficulty, nor on the suggestion that the interest of the cotenants will be promoted by refusing the application or temporarily postponing action, . 4 found this answer helpful helpful votes | 0 lawyers agree . 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 897-2179 . Scott Talkov is a real estate lawyer, business litigator and bankruptcy attorney in California. .’”. SONJA . 872.250. 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