Maurice John Plasse, III; and Jeannie Lynn Plasse v. Lynley Ford; Jim Laughton, formerly named as DOE 1; Bobbi Laughton, formerly named as DOE 2; and DOES 3 through 50, inclusive
This text of Maurice John Plasse, III; and Jeannie Lynn Plasse v. Lynley Ford; Jim Laughton, formerly named as DOE 1; Bobbi Laughton, formerly named as DOE 2; and DOES 3 through 50, inclusive (Maurice John Plasse, III; and Jeannie Lynn Plasse v. Lynley Ford; Jim Laughton, formerly named as DOE 1; Bobbi Laughton, formerly named as DOE 2; and DOES 3 through 50, inclusive) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 TBhUoRmTaOs MN .& S wSeWtt E(STBTN, L2L32P4 23) 2 P.O. Box 551 14220 Old State Route 49 3 Amador City, California 95601 Phone: (209) 267-9217 4 Fax: (209) 992-4077 Email: tom@burtonswett.com 5 Attorneys for Plaintiffs 6 Maurice John Plasse, III & Jeannie Lynn Plasse
8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MAURICE JOHN PLASSE, III; and Case No.: 2:17-cv-01136-DJC-JDP (PS) JEANNIE LYNN PLASSE, 12 Plaintiffs, [PROPOSED] ORDER APPOINTING 13 SARA LOCKHART AS REFEREE V. 14 [Cal. Code Civ. Proc., § 873.010 et seq.] LYNLEY FORD; 15 JIM LAUGHTON, formerly named as DOE 1; BOBBI LAUGHTON, formerly named as DOE 2; 16 and DOES 3 through 50, inclusive, 17 Defendants. 18
19 AND RELATED CROSS-CLAIM 20
21 ORDER 22 Having reviewed the nominations for referee in this action submitted by plaintiffs and 23 Ms. Ford, and all parties having been given an opportunity to be heard, the court hereby appoints 24 Sara Lockhart as referee pursuant to California Code of Civil Procedure section 873.010, et seq. 25 No bond shall be required of the referee at this time. 26 The referee is instructed to evaluate and produce a report to this court that recommends 27 the fair and equitable division in kind of the real property that is the subject of this action, which 28 is commonly known as Amador County Assessor Parcel Numbers 044-310-031; -032; -033; - 1 |} 034; & -035. The referee shall produce an opinion of value for the entire subject property 2 || considering all of its relevant characteristics and then recommend its division into two parts, one 3 || for Ms. Ford and one for plaintiffs. The value of Ms. Ford’s portion shall be approximately 25 4 || percent and the value of plaintiffs’ portion shall be approximately 75 percent of the sum of the 5 || values of these two portions as a whole. Said report shall be served on all parties to this action 6 || and filed with the court no later than February 27, 2026. 7 The referee shall be entitled to compensation of $4,800 upon completion of the work 8 || specified above, which shall be paid ##-equalshares-from plaintiffs and defendant Ferd shall be 9 || paid by the parties in proportion to their interests in the subject property. See Cal. Code 10 || Civ Proc. § 874.040; Lin v. Jeng, 203 Cal. App. 4th 1008, 1025 (2012) (“There is no 11 || ambiguity in the language of section 874.040. It simply states that the trial court must 12 || apportion the costs incurred in a partition action based upon either the parties’ interests in 13 || the property, or equitable considerations.”). Accordingly, plaintiffs will be required to pay 14 || $3,600 of the referee’s fee, while defendant Ford is responsible for the remaining $1,200. 15 || The referee will be entitled to a lien on the subject property for said compensation as of the date 16 || her report is filed with the court. Said lien for the several obligations of each party shall attach to 17 || their respective interest in the subject property only. 18 19 IT IS SO ORDERED.
“0 Dated: _ December 19, 2025 21 awe D. PE ERSON 0 UNITED STATES MAGISTRATE JUDGE
23 24 25 26 27 28 -2- ORDER APPOINTING SARA LOCKHART AS REFEREE
1 PROOF OF SERVICE 2 I am a citizen of the United States and a resident of California. I am over the age of 18 years and not a party to this action. My business address is P.O. Box 551 * 14220 Old State Route 3 49, Amador City, California 95601.
4 On the date of execution hereof, I served the foregoing document(s): 5 [PROPOSED] ORDER APPOINTING SARA LOCKHART AS REFEREE 6 by placing a true and correct copy thereof in a sealed envelope and addressed as follows: 7 Lynley Ford 8 335 East Linton Blvd., Suite B14/#1991 Delray Beach, FL 33483 9 and then delivering said sealed envelope to the United States Postal Service with First Class 10 postage prepaid. 11 I declare under penalty of perjury under the laws of the United States that the foregoing is 12 true and correct. Executed on November 20, 2025, at Amador City, California.
13 Chelsea Faust 14
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Maurice John Plasse, III; and Jeannie Lynn Plasse v. Lynley Ford; Jim Laughton, formerly named as DOE 1; Bobbi Laughton, formerly named as DOE 2; and DOES 3 through 50, inclusive, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maurice-john-plasse-iii-and-jeannie-lynn-plasse-v-lynley-ford-jim-caed-2025.