Los Angeles, CA asked in Civil Litigation for California

Q: I am one of three plaintiffs on a $510,000 summary judgement. How do I separate myself from the other two so i can sell

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2 Lawyer Answers

A: What would you be selling? Don't answer here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered

A: In California, if you're one of multiple plaintiffs awarded a summary judgment and you wish to separate your interest from the others, particularly for the purpose of selling your portion, there are specific steps you might consider. First, it's important to understand that your ability to separate and sell your share depends on the nature of the judgment and any agreements between the plaintiffs.

One approach could involve negotiating an agreement with the other plaintiffs to partition your share of the judgment. This could be formalized through a written agreement where the parties agree on the division of the judgment amount. It's essential that this agreement is clear, detailed, and legally binding to prevent future disputes.

If a mutual agreement cannot be reached, you may need to seek a court order for the partition of the judgment. This would involve filing a petition with the court explaining your desire to sell your portion and detailing why a separation of the judgment is necessary. The court then decides based on the specifics of the case and the judgment itself. Consulting with an attorney experienced in civil litigation can provide guidance on the best course of action and help navigate the legal process involved.

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