Brian Carter obtained an order granting summary adjudication in the firm’s clients’ favor with respect to the right to partition and an alleged waiver of that right. The parties filed dueling motions for summary adjudication, with the firm’s clients seeking partition by sale of real property, and the opponent seeking an order that the right to partition had been waived. The court ruled that the firm’s clients had not waived their right to partition, expressly or impliedly. The law regarding an implied waiver of the right to partition is somewhat complicated, requiring an agreement or circumstances that would render a partition unjust. Carter helped the court see that the circumstances required for an implied waiver were not present.
