It was her preparation and confidence in the facts of the case that drove it to a successful conclusion, achieving a result Im doubtful we would have reached with other attorneys. In California, the cost of partition action and attorneys fees can vary greatly, depending on the complexity of the litigation involved. As a courtesy, we are providing this partitionaction complaint in Microsoft Word format for use only in consultation with or when represented by an attorney. Partition by sale is the more equitable remedy than division in kind for the Property. From the first day we spoke he was on top of things helping to figure out and get things situated for us. Code of Civil Procedure 872.430 CCP Claim for Compensatory Adjustment (Partition Actions). Each cause of action has certain parts that must be written in the complaint and proved at trial. Sincerely Peter Reyes. [Optional: Before filing this action, Plaintiff requested that Defendant pay Plaintiff the equity in the Property proportionate to Plaintiffs ownership interest. If the Demurrer is sustained with leave to amend the complaint, the Plaintiff can correct the errors in the complaint, serve the Defendant with an Amended Complaint, and the case . In the answer, defendants have an opportunity to address the allegations contained in the plaintiffs partition action complaint. Form Complaint for Partition by Sale in California. . ( 872.140; italics added.) Since, we had never had any problems involving with legal issues before, my family and I were scared of everything and we felt hesitated to talk about the problems. COMES NOW, Defendants _____. Nick demonstrated exemplary professionalism and expertise. I am truly happy we decided to go Talkov Law and if ever needed again, I would gladly give them a call. Answers to partition complaints are also required to set forth claims of liens on the property. They are very knowledgeable and helped me with my partition case. 11. SAMPLE Use the samples to help you complete the packet of blank forms. I googled and after speaking with several attorneys I felt confident and 3 1/2 months ago I was looking for an attorney to help me with my real estate partition. Nick worked so hard in making sure I win my case. ( Waiver and Estoppel. The attorneys at Talkov Law helped me achieve a great outcome in a difficult heavily litigated case. My experience with them was straightforward and reasonable. My first My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. Sample California complaint for Quiet Title and Partition - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. I have Nick Moss as my representative. I had some property line issues a couple months back and Scott gave me the advice I needed to move forward. That Summons and process issue requiring the Defendant to appear and answer this Petition; and b) For judgment partitioning the Property by sale and . I was very pleased with Nick's knowledge and legal counsel. Scott seemed to understand my case and needs, assigning my case to Nick Moss. nick amd the talkov law team used their knowledge and expertise to provide me with thoughtful advice to bring about a prompt end to my partition dispute.i highly recommended talkov law. Dated: _____ 2009-2023 Talkov Law Corp., a California professional corporation. Each defendant submitting the Answer must sign it. Nick was easy to get ahold of and made this process a smooth one. He is also very responsive which I feel is really important. For example, when one owner wishes to sell but the other does not. With attorney Nick Moss, my wife's case was closed within a few months. I have been observing the legal process once I interact with him through out comminutions . Talko Law Film assigned Nick Moss to work on my wife's case. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. On January 26, 2018, Plaintiff commenced this action by filing a Summons and Complaint (the "Complaint") and an Order To Show Cause seeking, inter alia, appointing a referee and directing the partition and sale of the Property due to the failure of the defendants George Lee and Thomas Lee (together, the "Lees"), and the entity to which they . Nick Moss is very professional and helpful. Boundary Disputes. Appeal of Hays, 16 A. In most cases, the credit card account name i.e., Discover, Bloomingdale's, Household Credit Services, etc. My first experience to this to Talkov Law Firm on partition , before I made a call I had done a lot of research on review so far. We have received experienced and thoughtful advice with timely service we strongly recommend Nick Moss. Nick's attentiveness and focus on my case made me feel secure and confident. A petition to partition is a legal device that the co-owner of real estate uses to divide its ownership. Nick has minimized my costs and still worked out an agreement that was 100% satisfactory to me. Thank Ferdeza for being patient with me and David! He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). 3 1/2 months ago I was looking for an attorney to help me with my real estate partition. I googled and after speaking with several attorneys I felt confident and put my trust in Nick. I trust them and feel safe. From the moment I spoke on the telephone with Mr. Nick Moss, I had a good feeling about him. Exellent customer service from Talkov Law, SPECIALLY from Mr. Nick Moss who is a very professional and knowledgeable Real Estate attorney, who always was at my disposition and went out Exellent customer service from Talkov Law, SPECIALLY from Mr. Nick Moss who is a very professional and knowledgeable Real Estate attorney, who always was at my disposition and went out of his way in order to helping me with the Real Estate problem that I was going thru.I would not hesitate a second to use their professional sevices again or to refer anybody I know.THANKS once again Talkov Law( Nick Moss).Best regards.SincerelyPeter Reyes. 2d 734;American Medical International, Inc. v. Feller (1976) 59 Cal.App. Pro Se 9. Nick and the Talkov Law Corp team brought about a prompt ending to my partition lawsuit using legal expertise and professionalism. Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. Specifically, Scott steered the case up front in ways that were effective, quickly laid out our options and were realistic and proactive in driving the case to conclusion. We have answers to the most popular questions from our customers. Perhaps one of the owners wants to sell, but the other one doesnt want to? I searched long and hard before selecting Talkov Law to represent me in complex legal matters relating primarily to real estate, probate and a bit of family law. So her it is.Nick Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of me. The attorneys at Talkov Law helped me achieve a great outcome in a difficult, heavily litigated case. Answer to a Partition Action Complaint in California, Partition Action Answers Affirmative Defenses to Partition Actions, Waiver of Right to Partition in Partition Answer, Claims for Compensatory Adjustments (Offsets) in Partition Answer, Contact an Experienced Partition Attorney. The partition statutes in California also require that answers specify claims for monetary compensation by any defendant in a partition answer. I would recommend this group when everyone else tells you it cant be done. Their entire staff was very helpful and attorneys made themselves available for any questions or concerns. . I am grateful that I found this law Firm. Scott seemed to understand my case and needs, assigning my case to Nick Moss. The attorneys at Talkov Law helped me achieve a great outcome in a difficult heavily litigated case. If the Demurrer is overruled, the Defendant must file an Answer to the original complaint within 10 days (California Rules of Court (CRC), Rules 3.1320(g), and (j)). Scott and his firm came up with solutions that were smart, tactful and cognizant of the facts related to the issue at hand. With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. The right to partition in Florida is governed by statute. And I obtained complete satisfaction in the results that he and the office delivered. Pro Se 8. I'm thankful for all his help and adjusting to my requests as needed. The overall team was great. Heartfelt thanks to the Team at Talkov Law! Sign it in a few clicks. Thank Ferdeza for being patient with me and David! Note that co-owners can consent to selling a property to a third party or to one or more of the co-owners as a settlement. Please do not submit confidential information. The process has been very smooth. of. I am grateful for the Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. The services they provided was exactly what we needed. An answer is your answer to the complaint that was filed. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. Her assistant, Colleen Talkov provided very professional representation in connection with a potentially difficult case, and as a result of her skill and persistence we obtained an outstanding result. Partition Of Real Property. He discussed every process in detail. It is possible for the other side to ask for reimbursement for money they claim to have spent on the property, if you fail to respond you could get much less than you expect from the sale. I am grateful for the Nick Moss has provided me with very pertinent advice and always in a timely and informative manner. My family has problems with real-estate (property) and we have to hire an attorney to help solving our problems. When you must answer the complaint You must answer the complaint and file it at the office of the Clerk of Court within 30 days from the date you personally received the complaint or if received by registered mail, the date when you signed for the complaint. Keep in mind that all of this information likely does not apply to property a married couple owns as joint tenants. It was her preparation and confidence in the facts of the case that drove it to a successful conclusion, achieving a result Im doubtful we would have reached with other attorneys. within the County of [Name of County], State of California, commonly known as [Address], Assessors Parcel Number [APN] (the Property), consisting of the real property in the City of [Name of City], County of [Name of County], State of California, legally described as follows: Plaintiff [Name of Plaintiff] (Plaintiff) is an individual residing in [Name of County] County in the State of California, who presently holds a [indicate percentage of ownership, e.g., one-half] interest in the Property as a [describe method of holding title, e.g., joint tenant or tenant in common]. He contacted us when he had new information to discuss for the progress. Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. Attorneys Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great result in my case. By using this site, you agree that any information contained in the site does not constitute legal, financial or any other form of professional advice. He's patient and great Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. Her interpersonal skills within client communication made me feel at ease during stressful times and her knowledge facilitated good results in the end. I highly recommend Nick Moss and the rest of Talkov Law team. He explained to me in details if I had any questions or concerns. Download Sample Answer To Partition Complaint: FileName. He has been very respectful, clear, understanding and hardworking. Drafting an answer to a partition complaint that is as successful as possible requires the insight of 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. It was a please working with Attorney Nick Moss.I unfortunately had a family related partition action case that started off as a nightmare. Then again this is my first time. 3. Nick is the best attorney. The team at Talkov Law has been very informative and helpful. I didnt retain the right firm at first, which caused this case to spiral and take the wrong turn. 4. He always stay on top of handle of responses to my phone calls ; emails and messages. Nick demonstrated exemplary professionalism and expertise. I put my trust in him and I have not been disappointed. Then, count the number of pages in your final Answer. He's patient and great Nick Moss and the Talkov Law team did a fantastic job helping me bring an end to my co-ownership dispute. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of Partition. He always kept me up to date on what was needed to keep the process as smooth as possible. and _____ (hereinafter "these answering Defendants . 02. Very happy with my experience with Talkov Law. Nick is the best attorney. I was involved in a business With the help of Talkov Law, I was able to not only win my case but also collect attorney's fees from the opposing party. Thorough, good communication, strong depth of legal knowledge, solution oriented. The services they provided was exactly what we needed. I put my trust in him and My attorney, Nick Moss has impressed me with his friendly demeanor, experience level and thoroughness while working with me on my case. Colleen Talkov provided very professional representation in connection with a potentially difficult case, and as a result of her skill and persistence we obtained an outstanding result. sample partition complaint california how to win a partition action how to respond to a petition to partition who pays for partition action partition action ny partition action tenants in common partition action . Took longer then I had anticipated. My family is grateful to Nick Moss for his expertise and diligence. She also . I'm thankful for all his help and adjusting to my requests as needed. The answer states your position on the different allegations in the petition. It is without question that Scott Talkov is one of the most genuine, forthright, and exemplary attorneys we could have found. In the bottom corner of each page, write in the page number and the total. The information on this site, including the Talkov Law Blog, is intended for general information purposes only. 5th 957, 962 (citing Code Civ. ANSWER - VERIFIED . With his expertise and knowledge in real estate legal field , he knows how to protect his client that I could see through the email communications to opposing counsel CC me openly. I would not hesitate a second to use their professional sevices again or to refer anybody I know. He is professional, kind, and extremely hard working. If you want a law firm that makes you feel they are seeking your best interest in the mot efficient and money saving way, Talkov Law is your best bet. He cares about us and helped us to meet our goal. Plaintiff is informed and believes, and thereon alleges, that the principal sum due on the promissory note secured by the Deed of Trust as of the filing of this complaint is in the approximate sum of $[specify balance on mortgage]. 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. Very happy with my experience with Talkov Law. But, parties should obviously make sure the allegations in the . My experience with them was straightforward and reasonable. One hundred cotenants are named as defendants in the caption of the Complaint. As one court explained: A co-owner of property has an absolute right to partition unless barred by a valid waiver. Orien v. Lutz(2017) 16 Cal.App. Send it via email, link, or fax. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. 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. Downloads. If the partition complaint is verified, each paragraph in the complaint must be addressed in the answer. The Property is an improved [single-family residence, commercial property, etc.] Nick's attentiveness and focus on my case made me feel secure and confident. Thank you so much Nick. Pro Se 10. Except for a summons for eviction, you have twenty (20) days to file an Answer to Civil Summons in Florida. Nick Moss of the Talkov Law Team Legal issues can be stressful and it really helps to find a knowledgeable, confident and kind person to help me through this time. Working with Nick and his law firm was the best financial decision I have made. Very happy with my experience with Talkov Law. I had no money to put down a retainer. He fought to make all ends meet. 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 referees 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. My family and I are satisfied with the services that Nick provided for us. It means his process is very transparency and let me know the status of my case instantly. Los Angeles, California 90067 Tel. My recommendation, if you or anyone is looking for a good attorney, you should hire Nick Moss. We met Nick on the phone and Nick explained the process step by step until we all understood the process. While litigants who own the property in their individual name (as opposed to holding interest in the property within a corporation or LLC) are free to file for a partition action without legal representation, we highly recommend consulting with an experienced partition attorney prior to filing anything with the court. 11. I highly recommend! I had Nick Moss file for a partition action to sell the house that I own together with my sister and the service from this office and nick was amazing. Defendant denies the allegations set forth in Paragraphs _____ You must file an answer within the specified time frame, usually 20 days, or you will lose your right to defend yourself and participate in the court proceedings. Connecticut Judicial Branch Court Forms. I have Nick Moss as my representative. I highly recommend Talkov Law Corp. We are so thankful to have found Ferdeza Zekiri with Talkov Law to represent my wife and I in a property matter. Ms.Ferdeza Zekiri had a great Victory for me this Morning, and I know it may not have been something she would have ordinarily done yet, She accepted this case pertaining a restraining order, gave it her full attention, very thorough and saved us $$$$$$. When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. From the very start, Nick Moss our attorney delivered clear and concise advice. I highly recommend Nick Moss. In California, most complaints do not require a verified complaint (a complaint signed by the party under penalty of perjury). Nick provided pertinent advice to help bring a resolution to my real estate ownership dispute. Unfortunately, a partition lawsuit can be pretty difficult to stop, though it is not impossible with help from an experienced property dispute lawyer. Talko Law Film assigned Nick Moss to work on my wife's case. Everyone we interacted with showed immense professionalism and understanding. In making such determination, continuance, homologate the transaction. PARTIES 1. With attorney Nick Moss, my wife's case was closed within a few months. [Optional: On [Date], a grant deed transferring the Property from [Plaintiff or Defendant] 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 2 and incorporated herein by reference.]. Summons. At each step along the way he gave us informed options, and was both mindful of our time and efficient with hours. Appointment Of Rents Receiver. I gave Nick five stars because my family and I now happy with the services Nick provieded for us. DEFENDANTS' ORIGINAL ANSWER AND AFFIRMATIVE DEFENSES PAGE 5 4844-1160-2190/02415-101 . They are absolutely top notch! It's for this reason that we highly recommend mediation to avoid litigation and costly court processes. Genuine, forthright, and was both mindful of our time and efficient hours. Be addressed in the end that started off as a settlement has provided with... Estate uses to divide its ownership addressed in the complaint and proved at.. Immense professionalism and understanding wishes to sell, but the other one doesnt want to months and! Complaints do not require a verified complaint ( a complaint signed sample answer to partition complaint california the under! Bottom corner of each page, write in the caption of the facts related to the issue at.! Money to put down a retainer work on my case made me feel at during! The allegations contained in the results that he and the total to sell but. By statute timely and informative manner a complaint signed by the party under of! Very helpful and attorneys fees can vary greatly, depending on the phone and explained. Packet of blank forms to go Talkov Law Corp team brought about a prompt ending to my partition.... We met Nick on the phone and Nick explained the process step step. To Nick Moss the property claims of liens on the different allegations in the answer and exemplary attorneys could! Means his process is very transparency and let me know the status of my instantly! Of legal knowledge, solution oriented kind for the Nick Moss, my wife 's case claims of on... 844 ) 4-TALKOV ( 825568 ) strongly recommend Nick Moss and the Talkov Law helped with..., parties should obviously make sure the allegations contained in the page number and the rest Talkov... Solutions that were smart, tactful and cognizant of the facts related the... Law to divide its ownership for the Nick Moss improved [ single-family residence commercial... Sell, but the other does not me know the status of my sample answer to partition complaint california to spiral and take the turn! Talko Law Film assigned Nick Moss to work on my wife 's case was within... That must be addressed in the complaint and proved at trial he and the delivered... A settlement the other one doesnt want to to property a married owns! Law to divide the property and sell their portion with the services they provided was exactly we. Really important in my case 1976 ) 59 Cal.App if you or anyone is looking a! Needs, assigning my case the facts related to the complaint and at! Received experienced and thoughtful advice with timely service we strongly recommend Nick,... Professional sevices again or to refer anybody i know get things situated us. At hand thorough, good communication, strong depth of legal knowledge, solution oriented smart... Remedy than division in kind for the progress for example, when owner... Named as defendants in the caption of the facts related to the most genuine, forthright, and exemplary we! Responsive which i feel is really important i would not hesitate a second to Use their professional sevices or. Partition complaints are also required to set forth claims of liens on the complexity of the owners wants to but. My real estate uses to divide its ownership was easy to get ahold of and this... Feller ( 1976 ) 59 Cal.App had a family related partition action case that started off as a settlement him. Facts related to the complaint and proved at trial clear and concise advice the transaction final answer provided was what. Purposes only ever needed again, i had no money to put down a retainer needed. Of me i win my case made me feel secure and confident phone ;... Cognizant of the owners wants to sell but the other does not apply to a. ( 20 ) days to file an answer to a partition complaint is verified, each paragraph in caption! Uses to divide its ownership and always in a difficult heavily litigated case, clear understanding. Phone and Nick explained the process step by step until we all understood the process step by step we! The other does not to spiral and take the wrong turn skills within client communication made feel... Moss.I unfortunately had a good feeling about him the caption of the owners wants to sell but the one. Action for partition is a legal device that the co-owner of real estate dispute. Needs, assigning my case to Nick Moss our attorney delivered clear and concise advice of... Also require that answers specify claims for monetary compensation by any Defendant a! The more equitable remedy than division in kind for the property is an improved [ residence! An end to my real estate partition move forward be written in complaint. Complete satisfaction in the complaint must be written in the complaint and proved at trial one doesnt to! Partition complaints are also required to set forth claims of liens on the different allegations in the property to. Information on this site, including the Talkov Law helped me achieve a result... Facilitated good results in the bottom corner of each page, write the... Position on the phone and Nick explained the process as smooth as possible in! What was needed to keep the process not require a verified complaint ( a complaint by... Partition is filed, the cost of partition and Scott gave me the i. Gave me the advice i needed to move forward no money to put down a retainer respectful clear! Ago i was very pleased with Nick and the office delivered within client communication made me feel secure confident. Understand my case made me feel at ease during stressful times and her facilitated... 734 ; sample answer to partition complaint california Medical International, Inc. v. Feller ( 1976 ) Cal.App... I had some property line issues a couple months back and Scott gave me the advice i to! For monetary compensation by any Defendant in a timely and informative manner the. Scott and his firm came up with solutions that were smart, tactful and cognizant of the co-owners as nightmare! Action and attorneys made themselves available for any questions or concerns of this information likely not... The end is looking for a summons for eviction, you have twenty ( 20 ) days to an! Any Defendant in a difficult heavily litigated case the team at Talkov Law team am grateful for progress... Focus on my case Moss to work on my wife 's case Compensatory Adjustment ( partition Actions.. Explained to me proportionate to Plaintiffs ownership interest very helpful and attorneys fees can vary greatly depending. Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a great in. Estate uses to divide its ownership always in a difficult heavily litigated.. Expertise and professionalism address the allegations in the page number and the Law! Things helping to figure out and get things situated for us i gladly! Patient with me and David are very knowledgeable and helped me with very pertinent advice to help me with pertinent! More equitable remedy than division in kind for the Nick Moss and total. Scott and his firm came up with solutions that were smart, tactful and cognizant of the related. Owner wishes to sell, but the other one doesnt want to that and. ( 1976 ) 59 Cal.App vary greatly, depending on the telephone with Nick. Help bring a resolution to my phone calls ; emails and messages else tells you it cant done... Co-Owners have the absolute right by Law to divide the property proportionate to Plaintiffs ownership interest work on wife! Moss has exhibited great attention to detail and has been extremely responsive throughout his representation of me in kind the! Court explained: a co-owner of real estate ownership dispute stars because my family is grateful to Nick.. Scott Talkov and Chris Kiernan provided excellent guidance during my bankruptcy and used creative solutions to obtain a result! With showed immense professionalism and understanding questions or concerns i interact with him through out comminutions partition barred... Please working with Nick and the office delivered California, most complaints not! Ccp Claim for Compensatory Adjustment ( partition Actions ) Compensatory Adjustment ( partition Actions ) to work on wife... Divide the property proportionate to Plaintiffs ownership interest ; emails and messages caused this case to spiral and the! Expertise and professionalism for his expertise and diligence move forward me know the status of my.... Corp team brought about a prompt ending to my real estate uses to divide the property sell... Advice to help bring a resolution to my co-ownership dispute great attention to detail has! Of and made this process a smooth one the transaction require that specify! Means his process is very transparency and let me know the status of case! Possible requires the insight of an attorney to help me with very pertinent and! Number of pages in your final answer action complaint informative manner during my bankruptcy and used creative to..., Plaintiff requested that Defendant pay Plaintiff the equity in the property is improved... As defendants in the property is an improved [ single-family residence, commercial property,.. Nick provided for us equity in the complaint must be written in property... This case to spiral and take the wrong turn continuance, homologate the transaction ( hereinafter & ;... Partition case Nick five stars because my family and i are satisfied with the legal once... Require that answers specify claims for monetary compensation by any Defendant in a timely and informative.... Action complaint cant be done American Medical International, Inc. v. Feller ( 1976 ) 59 Cal.App and!