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Modification: Summers v. Superior Court

Ruling by

James M. Humes

Lower Court

San Francisco County Superior Court

Lower Court Judge

Ronald E. Quidachay

Judgment reversed where court grants partition without first resolving parties' ownership interests.





Court

California Courts of Appeal 1DCA/1

Cite as

2018 DJDAR 6369

Published

Jun. 28, 2018

Filing Date

Jun. 27, 2018

Opinion Type

Modification

Disposition Type

Reversed


RICARDO IAN SUMMERS et al.,

Petitioners,

v.

THE SUPERIOR COURT OF SAN FRANCISCO COUNTY,

Respondent;

WAN FEN TAN,

Real Party in Interest.

 

No. A151128

(San Francisco

Super. Ct. No. CGC-16-550626)

California Courts of Appeal

First Appellate District

Division One

Filed June 27, 2018

 

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

 

BY THE COURT:

 

It is ordered that the opinion filed herein on June 1, 2018, be modified as follows:

On page 6, the two sentences in the section titled Disposition shall be deleted and replaced with the following:

Let a peremptory writ of mandate issue directing respondent superior court in Tan v. Summers et al. (Super. Ct. San Francisco County, No. CGC-16-550626) to vacate its order of January 24, 2017, and to enter a new and different order consistent with this opinion. Summers and Gomez are awarded their costs.

 

There is no change in judgment.

 

 

 

Dated:

 

Humes, P.J.

 

 

 

 

#271608

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