STATE OF NEWMEXICO
COUNTY OF SANDOVAL
THIRTEENTH JUDICIAL DISTRICT COURT
Case No.: D-1329-CV-2021-00503
Noel, James A.
CHRISTOPHER CORDOVA.
Plaintiff,
v.
BRENDA ORONA,
Defendant.
COMPLAINT FOR PARTITION AND DAMAGES
COMES NOW, Plaintiff Christopher Cordova, by and through his attorneys Aragon Law Firm, P.C. (R. Will Jenkins), and for his Complaint states as follows:
1. Plaintiff is a resident of Sandoval County, New Mexico.
2. Upon information and belief, Defendant Brenda Orona is a resident of Sandoval County, New Mexico.
3. The real property which is the subject of this action is located at 3076 Cascades Trail SE, Rio Rancho, New Mexico 87124, in Sandoval County and more particularly described as follows:
Lot 3, in Block 1, Cascades at High Resort, as the same is shown and designated on the plat entitled Cascades at High Resort, a subdivision of unplatted land in the High Resort within projected Section 24, T12N, R3E, N.M.P .M., City of Rio Rancho, Town of Alameda Grant, Sandoval County, New Mexico, filed in the office of the County Clerk of Sandoval County, New Mexico, on January 27, 1994 in Rio Rancho Estates Plat Book No. 6, pages 124-125, (Vol 3, folio 1112-A).
4. Plaintiff and Defendant own the property as joint tenants with rights of survivorship. See
Exhibit B.
5. Defendant became a joint tenant owner on or about October 14. 2014 and has had free and unencumbered access to the subject property thereafter.
6. On or about June, 2018, Defendant voluntarily vacated the subject property.
7. Defendant filed Petition for Order of Protection against Plaintiff on or about July 10, 2018 and that Petition was summarily dismissed by Court Order on July 30, 2018.
8. Numerous unresolvable and continuing disputes have arisen between Plaintiff and Defendant over the use and/or sale of the property and a common agreement regarding the use of the property cannot be reached.
9. Partition of the property is in the best interests of the all parties here to.
10. Partition of the property is for the common benefit or the Plaintiff and Defendant herein.
11. Physical partition can be made without great prejudice to Plaintiff and/or Defendant.
12. Plaintiff has spent $21,000.00 in improvements thereby making the property more valuable.
See Exhibit C.
13. Defendant has contributed $0.00 in improvements to the property.
14. Defendant, as a joint tenant owner of the property, is obligated to contribute $10,500.00 towards the improvements made by Plaintiff.
15. Plaintiff should thus be credited $10,500.00 in the allocation of proceeds from this Partition.
16. Plaintiff has incurred and will continue to incur reasonable attorney’s fees and other costs in the prosecution of this action which should be allocated between the parties pursuant to
NMSA 1978, §42-5-8(C).
INTERROGATORIES REQUEST FOR PRODUCTION
AND REQUEST FOR ADMISSIONS
Please take notice that pursuant to 1-026 (D) NMRA, 1-033 NMRA, 1-034 NMRA, and 1-036 NMRA, Plaintiff serves the attached interrogatories, request for production, and requests for admissions, marked hereto as Exhibit A, to be propounded upon Defendant. The attached Exhibit A is to be incorporated by reference as if set forth fully herein, pursuant to Rule 1-0l0 (C) NMRA.
Defendant is hereby instructed to answer the following discovery, fully, in writing under oath as required by New Mexico Rules of Civil Procedure. The answers and responses shall be served upon the undersigned counsel forty-five (45) days after service of this document.
PRAYER
WHEREFORE, Plaintiff Christopher Cordova respectfully requests that this Court:
A. Partition the property, declaring the rights, title and interest of the Parties and render a decree as may be required pursuant to NMSA 1978, §42-5-5.
B. Pursuant to NMSA 1978, §42-5-6, appoint three commissioners not connected with any of the parties either by consanguinity or affinity and entirely disinterested to make partition of the said premises in accordance with the decree of this Court as to the right and interests of the Parties.
C. Require an appraisal of the real estate pursuant to NMSA 1978, §42-5-7 as well as other procedures set forth therein.
D. Require apportionment of any and all costs of the partition in accordance with NMSA 1978, §42-5-8 (A) and B).
E. Credit Plaintiff for $10,500.00 of the improvements made to the property and Order Defendant pay said amount out of her share of the partitioned sale proceeds,
F. Award Plaintiff his reasonable attorney’s fees and cost as permitted by §42-5-8(C).
G. Award such additional and further relief as this Court deems just and proper.
Respectfully Submitted,
By: /s/ R. Will Jenkins
R. Will Jenkins
Aragon Law Firm. P.C.
2201 Menaul Blvd NE
Albuquerque, NM 87107
(505) 872-3022 Office
(505) 888-6040 Fax
[email protected]
HCS Pub. April 23, 30, May 7, 2021
