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The partition remedy in California addresses disputes between co-owners of property. Any person with an interest in real property in California may bring a partition action against a co-owner. The partition remedy is necessary when co-owners cannot decide how to handle jointly-owned property. Properties subject to partition include, but are not limited to, single-family residences, vacation homes, investment properties, commercial buildings, apartment buildings, and parcels of land.

The appointment of a receiver can eradicate health and safety threats in your community and is an available and valuable remedy under California law. A receiver is a neutral third-party appointed by the Court to take temporary control over substandard properties that are subject to a lawsuit. By appointing a receiver, the Court can eliminate illegal or unsafe activity occurring at a property. Health and Safety Receiverships are used primarily for substandard properties which include but are not limited to hoarding properties, illegal construction or habitation, fire damaged properties, nuisance properties, deceased owner or abandoned properties, and slum apartments/motels. Once the court appoints a receiver, the property is under the direct control of the court via the court-appointed receiver. The health and safety receiver is then responsible for the general repairs and maintenance for the property and for ensuring that the property is brought into compliance with State and local codes at the property owner’s expense. Utilizing the receivership remedy saves a city, or other municipality, time and resources, and demonstrates to the surrounding community that the city is taking effective steps to remedy the dangerous conditions created by the problem property.

Partition Referee Richardson "Red" Griswold was appointed by the San Diego County Superior Court in June 2017 to take control of a downtown San Diego luxury condo unit that was the subject of a dispute between co-owners. After resolving occupancy issues, the property was listed and marketed by Mr. Griswold's court-approved real estate broker. As the Court's partition referee, Mr. Griswold acted as the "seller" in the transaction. Escrow closed in January 2018 and Mr. Griswold is currently analyzing the final funds distribution between the record owners.

Partition Referee Richardson "Red" Griswold completed a long and complicated sale of an oceanfront multi-unit property in Laguna Beach for approximately $5.42M. Mr. Griswold was appointed by the Orange County Superior Court in November 2013 to act as the court-authorized seller in the transaction. Due to the unique nature of the property and its "historical" aspects, the process was fragile. In the end, the objective was reached and the partition referee duties were carried out in full to the satisfaction of all involved.

The local CBS 8 San Diego news aired a story on the successful completion of one our recent hoarder receiverships (link to news story). This property posed many challenges, but in the end, the property was cleared out and rehabilitated and is now in productive use by a new owner.

A health and safety receiver is appointed by a court to address property conditions that are considered unsafe and/or unhealthy risks to the occupants and the surrounding neighbors and community. Many times, the issues center on the physical condition of the property itself. For example, faulty electrical wiring, a gas leak, or a fire hazard within a dwelling is an immediate threat to the safety of the property occupant and the neighborhood. But other times, the threat arises from the "activity" at the property. I am routinely appointed as a health and safety receiver to take control of residential properties that have become a nuisance to the neighborhood due to criminal activity (drug use and sales, storage and sale of stolen property, etc.), squatters, and disruptive conduct at the subject property. In most cases, by time the city has filed their petition for the appointment of a health and safety receiver, the neighbors have suffered with these problems for years. After my appointment as the receiver, the initial focus is to restore control over the property, removing all unauthorized occupants from the property, and in most cases, securing the property so that I can proceed to the next phase of the receivership--rehabilitating the physical deficiencies at the property and making is a safe place for the occupants and the community.