Facts

Plaintiff Victor Kodama and defendant Arutyan Aladjian are the owners, as tenants in common, of property located at 548-½ and 550-½ North Kenmore Avenue in Los Angeles. Plaintiffs each own an undivided one-half recorded title interest in the property.

Defendant is also the owner of property located at 1038 and 1038-½ East Magnolia Boulevard in Burbank. Plaintiff holds this property in trust for defendant.

The third property in this case is located at 906, 908, 910, and 912 Vermont Avenue in Los Angeles.

Result

The trial court found that plaintiff wrongfully borrowed $825,000 against the security of the Kenmore property without defendant's consent and without splitting the proceeds with defendant. Further, sale of the Kenmore property and division of the proceeds are deemed more equitable than division of the property. The sale should be a private sale, not a public auction. Any funds remaining from the sale shall be distributed to the owners, including up to $412,500 to be paid to defendant. If no funds are available for distribution to the owners, or if funds available are less than $412,500, defendant shall have judgment against plaintiff in the amount of the difference between the amount distributed to defendant and $412,500. If funds are in excess of $412,500, the excess shall be divided equally between the parties. Any rent currently being paid to the parties shall be directed to the partition referee granted authority to sell the property. With respect to the Magnolia property, plaintiff shall convey it to defendant, as defendant shall have title and possession of the property. Plaintiff is enjoined from taking any action to encumber title to the property. With respect to the Vermont property, defendant shall take nothing in relation to it against plaintiff.