Legal Question in Real Estate Law in California

I am currently being sued by someone that I own a duplex with. They are requesting a partnership dissolution (aka, they want full control of the property) and damages under the guise that I have caused the property to go into foreclosure and have misappropriated rental income. The facts are:

1. the mortgage has not been paid in more than two years

2. The last payment, in 2007, was jointly made by both parties

3. Both parties have collected rental income in the two years and have not paid the mortgage

We are currently in the discovery phase and have a court date set for several months out. I have been told by several lawyers that the plaintiff can't recover damages due to the doctrine of unclean hands, however I do not want to spend thousands of dollars for a lawyer just to be told this in court by a judge. I want to end this asap in the most effective way possible. What's the best way to do this? Cross-complaint > discovery request > summary judgement?


Asked on 9/28/09, 10:09 pm

1 Answer from Attorneys

Mediation. You should reach an agreement to true up the financial obligations and sell the property, or one of you buy the other out. Mediation is far and away the quickest way to that result.

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Answered on 9/28/09, 11:41 pm


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