Legal Question in Civil Litigation in California
I am a defendant in a calif partition action.
I own 25 % of a boat with 3 others who are are all dead for over 5 years.
The plaintiff attty is requesting that maintenance, docking and other cost for the past five years now be shared. The plaintiff orally agreed to be responsible for all cost in exchange for unlimited use of the boat for over twenty years. No demands for payment was made doing his lifetime and for the past 5 years after his death. No claims for payment were ever filed with the other dead owners probate cases. The trustee has converted the boat to his personal use.. I haven't used the boat in over 20 years
How can I get this issue resolved early in the partiton action? What is the plaintiff's chances of prevailing.? Also the suing plaintiff trust did not get a transfer of title to the trust from the estate until 4 months ago but was paying the boats bills since his death
1 Answer from Attorneys
All things can be negotiated, just as quickly as the parties can agree. Other than that, you take your turn getting to trial. Without knowing all the facts, an opinion is worthless. If serious about hiring counsel to help you, feel free to contact me.