Lipscomb v. Girardi CA2/3
Defendants and appellants Thomas Girardi (Girardi), G&L Aviation (G&L), 1122 Wilshire Partnership, 1126 Wilshire Partnership, and Girardi Keese (G&K) (collectively, the Girardi defendants) appeal an interlocutory judgment of partition of real property.
The essential issue presented is whether plaintiff and respondent Lee Lipscomb (Lipscomb) established an entitlement to the remedy of partition. We conclude the trial court applied incorrect criteria to conclude that Lipscomb did not waive the right to partition. Therefore, the judgment is reversed and the matter is remanded for further proceedings.
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