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In the world of partition actions in California, lawyers have misunderstood the California Court of Appeal opinion in Summers v. Superior Court (2018) 24 Cal. App. 5th 138 as meaning that the interests of parties in the proceeds of sale must be determined before the court can enter an interlocutory judgment for partition by sale. In reality, Summers v. Superior

Inheriting a Home with Siblings
It is extremely common for family members to pass down real estate to younger generations. Parents, grandparents, aunts, uncles, and other family members may choose to leave their valuable real estate assets to family members they know and love. Commonly, siblings inherit a home together from a deceased parent. But just because siblings are now

Can I Force the Sale of Inherited Property?
Understanding exactly what to do after a close family member passes away is one of the most difficult things someone can go through. A whirlwind of confusion and sadness makes decision making near impossible, especially when real property is involved. Real estate is no doubt a major concern for those who have

Can you refuse to testify against your spouse in California? This is California law we are talking about, so, of course, the answer is “it depends.”
Under certain circumstances, a married person may invoke a privilege to avoid being compelled to testify against their spouse and/or to prevent their spouse from providing incriminating information against them.
Historical Origins of the

Federal courts have repeatedly found that terminating sanctions are appropriate when a party violates the cardinal sin of litigation as “fabricating evidence has been referred to as the most egregious misconduct which justifies a finding of fraud upon the Court.” Kenno v. Colorado’s Governor’s Off. of Info. Tech., 2021 WL 2682619, at *19 (D. Colo. June 30, 2021).
The authorities