Hellman v. Anderson

California Court of Appeal

284 Cal. Rptr. 830 (Cal. Ct. App. 1991)

The consent of the non-debtor-partner is not always needed in order to administer a foreclosure sale of the debtor-partner’s partnership interest.

Relevant Facts

Fred Hellman (the plaintiff) settled a number of claims against John Anderson (the defendant). Subsequently, the defendant did not pay the settlement, and the plaintiff filed a petition seeking a court order enforcing the judgment. The defendant was a partner in a 2-person partnership named Ranch Murietta Investors. Eric Tallstrom was the other partner. The plaintiff sought a court-ordered foreclosure and sale of the defendant’s interest in the partnership because the partnership was not generating any profit at the time. The trial court granted the order and the defendant appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 20, 2020

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Procedural History

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Citations

284 Cal. Rptr. 830 (Cal. Ct. App. 1991)