Artition Complaint (Sample) - Re Co-Owner Dispute and Forced Sale of Real Estate

ARTITION COMPLAINT (SAMPLE) - RE CO-OWNER
DISPUTE AND FORCED SALE OF REAL ESTATE

What follows is a some free legal information regarding the above titled matter for
educational and discussion purposes only. This is not to be used in all matters or cases, and
each matter or case is different. What follows is for discussion purposes only and should not
be used in any particular matter or case. It is an example from what has been used in
another matter or case, and will like not apply to someone else's matter or case.
L. Scott Karlin, Esq.

LAW OFFICES OF L. SCOTT KARLIN
13522 Newport Avenue
Suite 201
Tustin, California 92780
(714) 731-3283
Attorney Bar No: 90605
Attorney for Plaintiff BILL SAMPLE1 ------- SAMPLE COMPLAINT
SUPERIOR COURT STATE OF CALIFORNIA

FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
THIS IS A SAMPLE COMPLAINT AND PARTITION REGARDING A CO OWNER DISPUTE
WHERE ONE OWNER WANTS TO SELL THE PROPERTY AND THE OTHER DOES NOT
AND WHERE THERE MAY BE ACCOUNTING FOR RENTS, IMPROVEMENTS, REPAIRS,
TAXES, AND OTHER ISSUES BETWEEN THE CO-OWNERS, WHICH MAY BE TENANTS
IN COMMON, JOINT TENANTS, OR HAVE SOME OTHER RELATIONSHIP
COMPLAINT FOR PARTITION
OF REAL PROPERTY,
ACCOUNTING,
AND BREACH OF FIDUCIARY
DUTY AND CONVERSION;
CONVEYANCE OF PROPERTY
BILL SAMPLE1
vs.
GARY SAMPLE12; CONSTANCE J. SAMPLE13, )
TRUSTEE OF THE CONSTANCE )
SAMPLE13 TRUST; GARY M. SAMPLE114 and )

ROBIN SAMPLE115 SAMPLE114, TRUSTEES OF )
THE SAMPLE114 FAMILY TRUST, JANE )
SAMPLE11, and DOES 1-50, Inclusive and ALL )
PERSONS UNKNOWN CLAIMING AN )
INTEREST IN THE PROPERTY, )
Defendants. )
Plaintiff, BILL SAMPLE11 alleges:
FIRST CAUSE OF ACTION
(For Partition Against All Parties)
1. Defendant GARY SAMPLE112 is a resident of, and is conducting business in Orange
County, California.
2. Plaintiff does not know the true names and capacities of the Defendants sued as DOES 1
through 50, Inclusive, and will amend this Complaint to allege their true names and
capacities when ascertained.
3. Plaintiff is informed and believes and thereon alleges that each Defendant, including the
DOE Defendants (collectively "Defendants"), claims an interest in the Real Property
described below and is jointly and severally responsible for each act, commission, and event
as well as the resulting damages, alleged in this Complaint. Any reference to a named
Defendant shall include the DOE Defendants, jointly and severally.
4. Plaintiff is informed and believes and thereon alleges that each of the Defendants were
the principal, agent, servant, employee, partner, and/or representative of their codefendants; that each of the Defendants acted within the course and scope of such
relationship in committing the alleged acts and omissions; and that each of the Defendants
were negligent in entering into such relationship.
5. The subject of this action is Real Property located in Orange County, California,
approximately 29 acres on Harding Canyon Road in Modjeska Canyon, County of Orange,
State of California more particularly described in Exhibit "A". (Hereinafter referred to as the
"Real Property".)
6. Plaintiff is an owner of an undivided parcel of land whose vested title is Twenty-Five
Percent (25%) joint tenancy, tenant-in-common-interest as to which partition is sought.
7. Defendant GARY SAMPLE112 is an owner of the Real Property whose vested title is
Twenty Five Percent (25%) tenant-in-common-interest as to which partition is sought.
8. Defendant CONSTANCE J. SAMPLE113, Trustee of the CONSTANCESAMPLE113 TRUST
is an owner of the Real Property whose vested title is Twenty-Five Percent (25%) of an
undivided interest as to which partition is sought.
9. GARY M. SAMPLE114 and ROBIN SAMPLE115 SAMPLE114, Trustees of the SAMPLE114
FAMILY TRUST are owners of the Real Property whose vested title is Twenty-Five Percent
(25%) of an undivided interest as to which partition is sought.
10. Defendant JANE SAMPLE11 was a co-owner of an undivided Twenty-Five Percent (25%)
with Plaintiff as a Joint Tenant, but was and is under an obligation to convey said interest to
Plaintiff pursuant to a Marital Settlement Agreement.
11. Plaintiff alleges on information and belief that there are persons unknown who have or
claim interests in the Real Property. Plaintiff joins such persons as Defendants "all persons
unknown claiming an interest in the Property."
12. The interests in the Real Property described in Paragraph 5 that Plaintiff has or claims is
One-Fourth (25%) interest as Tenant-In-Common.
13. The interests of record or actually known to Plaintiff that other persons have, or claim, in
the Real Property which Plaintiff reasonably believes will be materially affected by the
action are:
[a.] A One-Fourth (25%) interest as tenant-in-common, by Defendant GARY
SAMPLE112.
[b.] A One-Fourth (25%) interest as tenant-in-common, by Defendant
CONSTANCE J. SAMPLE113, Trustee of the CONSTANCESAMPLE113 TRUST.
[c.] A One-Fourth (25%) interest as tenant-in-common, by Defendants
GARY M. SAMPLE114 AND ROBIN SAMPLE115 SAMPLE114, Trustees of the SAMPLE114
FAMILY TRUST.
[d.] A Joint Tenancy interest in the One-Fourth (25%) interest with Plaintiff
by Defendant JANE SAMPLE11, which she is obligated to convey to Plaintiff pursuant to a
Marital Settlement Agreement.
14. Plaintiff requests that the Real Property be partitioned for sale. Such mode of partition is
more equitable in the circumstances than division for the following reasons:
The topography does not allow for a division and the Real Property has a house on it and
there is no practical way to otherwise partition the property.
15. It has been, and will be necessary that Plaintiff obtain a title report on the property in the
form of a title policy commitment from a Title Insurance Company at an expense to Plaintiff
in an amount to be proven at the time of trial. The title report will be kept at LAW OFFICES
OF L. SCOTT KARLIN, 13522 Newport Ave., Suite 201, Tustin, CA 92780 for inspection,
use, and copying by the parties to this action.
SECOND CAUSE OF ACTION
(Accounting Against All Parties)
16. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation contained in
the First Cause of Action (Paragraphs 1-15) of this Complaint and by reference incorporates
the same herein and makes each a part thereof.
17. Plaintiff is informed and believes that Defendant SAMPLE112 during the years of
ownership of the Real Property with Plaintiff, has rented and leased the Real Property and
obtained rental income.
18. Plaintiff is informed and believes that, during the years of ownership of the Real
Property with Plaintiff, Defendant SAMPLE112 has sold or conveyed interests in the Real
Property to third parties, and has received money and other consideration thereof.
19. Plaintiff is informed and believes that Parties other than Plaintiff may have paid
expenses for the repair, maintenance, taxes and insurance on the property in amounts
different than amounts paid for by Plaintiff.
20. Plaintiff is entitled to an accounting of all income, rents, sales proceeds or other
proceeds and expenses related to the subject Real Property by all Parties.
21. At all times during the ownership of the Real Property with Defendant SAMPLE112,
Plaintiff and all other persons having an interest in the Real Property agreed that Defendant
SAMPLE112 would take care of the day to day management, maintenance, and repair of the
Real Property, and at all times Defendant SAMPLE112 represented he was acting in the best
interests of all owners and acting for the benefit of all owners. Plaintiff relied on these
representations and took no active management role in the Real Property, but left these
matters in the hands of Defendant SAMPLE112.
22. As a result of the foregoing, Defendant SAMPLE112, owed a fiduciary duty to Plaintiff
and the others who had an interest in the property.
23. In doing the foregoing acts, Defendant acted with malice, fraud and oppression,
and his acts were despicable and Plaintiff therefore is entitled to punitive damages
THIRD CAUSE OF ACTION
(Breach of Fiduciary Duty and Conversion Against Defendant SAMPLE112)

24. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation
contained in the First Cause of Action and Second Cause of Action (paragraphs 1-23) of this
complaint and by reference incorporates the same herein and makes each a part thereof.
25. Plaintiff is informed and believes that Defendant SAMPLE112 at various times during
his ownership with Plaintiff breached his fiduciary duty to Plaintiff by converting to his own
account money and other consideration received from leasing, renting and/or conveying
interests in the subject Real Property. Plaintiff only became aware of the possibility of such
breaches of Defendants duties within six months of filing this action when Plaintiff
requested an accounting from Defendant SAMPLE112 and he refused to provide one.
26. In doing the foregoing acts, Defendant acted with malice, fraud and oppression,
and his acts were despicable and Plaintiff therefore is entitled to punitive damages.
FOURTH CAUSE OF ACTION
(Conveyance of Real Property Against Defendant JANE SAMPLE11)
27. Plaintiff, BILL SAMPLE11, repeats, and realleges each and every allegation
contained in the First Cause of Action, Second Cause of Action and Third Cause of Action
(Paragraphs 1-26) of this complaint and by reference incorporates the same herein and
makes each a part thereof.
28. Defendant JANE SAMPLE11 is obligated and required to convey and transfer to Plaintiff
all rights and interests and title to the real property described in Exhibit "B". This includes
the Real Property described in Exhibit "A". Defendant JANE SAMPLE11 is obligated to
convey the real property described in Exhibit "B" pursuant to a Marital Settlement
Agreement executed by her, and she has failed to do so.
//
//
//
WHEREFORE, Plaintiff prays for:
AS TO THE FIRST CAUSE OF ACTION
1. A judgment partitioning by sale of the Real Property and dividing the proceeds after an
accounting of costs, expenses, and income incurred by or received by each Party of interest.
2. A judgment against Defendants and their respective successors in interest for their
respective shares of sums reasonably expended by Plaintiff in maintaining and preserving
the Real Property, with interest at the rate of 10% per annum from the date of each
expenditure, which judgment shall be secured by a lien on the respective interests of such
Defendants and their respective successors in interest in the Real Property or sale proceeds.
3. A judgment against Defendants and their respective successors in interest for their
respective prorata shares of the expense of the title report, with interest at the rate of 10%
per annum from the date of filing the action, and prorate shares of other costs and
attorneys fees necessary for the partition, as determined by the Court, which judgment shall
be secured by a lien on the respective interests of such Defendants and their respective
successors in interest in the Real Property or sale proceeds and shall otherwise be
enforceable as provided by law.
4. A preliminary and permanent injunction prohibiting Defendant SAMPLE112 and any
Party from using, possessing, leasing, renting or selling any interest in the subject Real
Property without first obtaining either written consent from all the other Parties, or a Court
Order.
5. An appointment of a referee for the purpose of managing, maintaining and leasing the
Real Property.
6. An accounting for all expenses paid on belief of the Real Property and an income received
from the Real Property and an order for distribution and/or charge to each Party related
thereto.
AS TO THE SECOND CAUSE OF ACTION
1. A preliminary and permanent injunction prohibiting Defendant SAMPLE112 and any
Party from using, possessing, leasing, renting or selling any interest in the subject Real
Property without first obtaining either written consent from all the other Parties, or a Court
Order.
2. An appointment of a referee for the purpose of managing, maintaining and leasing the
Real Property.
thereto.
4. Damages according to proof.
5. Punitive damages according to proof.
AS TO THE THIRD CAUSE OF ACTION:
thereto.
3. Punitive damages according to proof.
AS TO THE FOURTH CAUSE OF ACTION:
1. A judgment and Order for Defendant, JANE SAMPLE11 to convey and transfer to Plaintiff
all rights and interests and title to the real property described in Exhibit "B".
AS TO ALL CAUSES OF ACTION:
1. Costs of suit; and
2. Other relief that the Court considers proper.
DATED: July 17, 2001 LAW OFFICES OF L. SCOTT KARLIN
L. SCOTT KARLIN, Attorney For
Plaintiff, BILL SAMPLE11
EXHIBIT "A"
(Referenced and Incorporated in First Cause of Actionof Plaintiff BILL SAMPLE11s Complaint)
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, IN THE
UNINCORPORATED TERRITORY, COUNTY OF ORANGE AS TO PARCEL A-1 AND A-2,
DESCRIBED AS FOLLOWS:
PARCEL A-1:
PARCEL 1 AS SHOWN ON EXHIBIT "SAMPLE BCB" ATTACHED TO LOT LINE
ADJUSTMENT xxLL1390-1101 RECORDED SEPTEMBER 30, 1998Y1 AS INSTRUMENT
NO. 91-531153 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL A-2:
YYxxXX23420.00 FEET WESTERLY OF THE WESTERLY LINE OF LOTS 91, 101 AND 111
OF SAID XXX SHEET "A".
EXHIBIT "B"
(Referenced and Incorporated in Fourth Cause of Action of Plaintiff BILL SAMPLE11s Complaint)
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, IN THE
UNINCORPORATED TERRITORY, COUNTY OF ORANGE AS TO PARCEL A-1 AND A-2,
DESCRIBED AS FOLLOWS:
PARCEL A-1:
PARCELS 1, 3 AND 4, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE
ADJUSTMENT LL90-101 RECORDED SEPTEMBER 30, 1991 AS INSTRUMENT NO. 91531153 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL A-2:
AN APPURTENANT NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND
UTILITIES, AS SAID EASEMENT IS SET FORTH IN THAT CERTAIN GRANT OF
EASEMENT AGREEMENT RECORDED JUNE 17, 1992 AS INSTRUMENT NO. 92-407520
OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, OVER THAT PORTION
OF LOT A OF MODJESKA HOME SHEET "A", AS SHOWN ON A MAP RECORDED IN
BOOK 6, PAGES 25 AND 26 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE
COUNTY, BOUNDED SOUTHERLY BY THE NORTHEASTERLY PROLONGATION OF
THAT RADIAL LINE BEARING SOUTH 74 DEGREES 55' 30" WEST FROM THE POINT
OF ENDING TO THE CENTER OF THAT CERTAIN CURVE HAVING A RADIUS OF 57.02
FEET, A CENTRAL ANGLE OF 60 DEGREES 45' 30" AND A DISTANCE OF 59.93 FEET
BEING IN THE CENTERLINE OF THE RIGHT OF WAY DESCRIBED IN DEED
RECORDED AUGUST 9, 1934 IN BOOK 698, PAGES 52 TO 58 INCLUSIVE, OF SAID
OFFICIAL RECORDS, THE ENDING OF SAID CENTERLINE CURVE ALSO BEING THE
NORTHEASTERLY CORNER OF LOT 25 OF SAID MODJESKA HOME SHEET "A".
EXCEPT THAT PORTION OF SAID LOT A OF SAID MODJESKA HOME SHEET "A"
LYING BETWEEN LOT 16 AND 17 OF SAID MODJESKA HOME SHEET "A" BOUNDED
EASTERLY BY A LINE CONTIGUOUS WITH THE 20.00 FEET WESTERLY OF THE
WESTERLY LINE OF LOTS 9, 10 AND 11 OF SAID MODJESKA HOME SHEET "A".

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ARTITION COMPLAINT (SAMPLE) - RE CO-OWNER

DISPUTE AND FORCED SALE OF REAL ESTATE

L. Scott Karlin, Esq.

SUPERIOR COURT STATE OF CALIFORNIA

SAMPLE13 TRUST; GARY M. SAMPLE114 and )

(Breach of Fiduciary Duty and Conversion Against Defendant SAMPLE112)

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