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SULLIVAN v. DORSA

No. H026145.

27 Cal.Rptr.3d 547 (2005)

128 Cal.App.4th 947

Richard W. SULLIVAN, as Trustee, etc., et al., Plaintiffs and Appellants, v. Dean DORSA, as Co-Trustee, etc., et al., Defendants and Appellants; Robert H. Engles, as Referee, etc., et al. Movants and Respondents.

Court of Appeals of California, Sixth District.

April 25, 2005.

Attorney(s) appearing for the Case

Kathleen O'Reilly, David R. Sylva, San Jose, Attorneys for Plaintiffs and Appellants Richard W. Sullivan, as Trustee, etc., et al.

Kathleen O'Reilly, David R. Sylva, San Jose, Attorney for Defendant and Appellants Dean Dorsa as Co-Trustee, etc., et al.

Silicon Valley Law Group, Gregory John Charles, San Jose, Attorneys for Movants and Respondent Silicon Valley Law Group, et al.

Haight, Brown & Bonesteel, Jules Solomon Zeman, Los Angeles, Attorneys for Movants and Respondent Grubb & Ellis Company, et al.

RUSHING, P.J.

The primary question presented by this appeal is whether a court presiding over an action to partition real property has the power to award a brokerage commission on an unconsummated sale of the property. We have concluded that such an award is precluded by provisions of the Probate Code expressly made applicable to partition actions. We therefore reverse an order allowing a commission on a sale that was...

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