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CCP 872.120 Motions, reports, and accounts; hearing and determination; decrees and orders Talkov Law

Code of Civil Procedure 872.120 CCP – Motions, Reports and Accounts; Hearing and Determination; Decrees and Orders (Partition Actions)

California Code of Civil Procedure 872.120 is the California partition statute that allows the court to have broad powers to effectuate its orders to ensure cooperation of the parties. The statute provides that: In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees … Read More

Code of Civil Procedure 874.010 CCP - Inclusions, Allowance and Apportionment of Costs of Partition

Code of Civil Procedure 874.010 CCP – Inclusions, Allowance and Apportionment of Costs of Partition (Costs of Partition)

California Code of Civil Procedure 874.010 is the California partition statute that allows the court to order certain costs of the partition to be allowed and apportioned between the parties. The statute provides that: The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The … Read More

Code-of-Civil-Procedure-873.910-CCP-Agreement-by-Parties-Partition-by-Appraisal

Code of Civil Procedure 873.910 CCP – Agreement by Parties (Partition by Appraisal)

California Code of Civil Procedure 873.910 is the California partition statute that allows the court to order a manner of partition known as a partition by appraisal, but only when “the parties…agree” to such a remedy. The statute provides that: When the interests of all parties are undisputed or have been adjudicated, the parties may … Read More

Code of Civil Procedure 874.040 CCP Apportionment of Costs

Code of Civil Procedure 874.040 CCP – Apportionment of Costs (Costs of Partition)

California Code of Civil Procedure 874.040 is the California partition statute that allows the court to apportion costs between the co-owners from the proceeds of sale of the property. The statute provides that: Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their … Read More

Code of Civil Procedure 874.020 CCP

Code of Civil Procedure 874.020 CCP – Other Actions or Proceedings; Reasonable Expenses (Costs of Partition)

California Code of Civil Procedure 872.720 is the California partition statute that allows the court to award expenses, including attorney’s fees, incurred in actions for the common benefit of the property. The statute provides that: The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting … Read More

Forcing the Sale of Jointly Owned Property Talkov Law

The Secret to Selling Jointly Owned Property

One of the most common questions raised by co-owners of real property in California is how to force the sale of the property when the co-owners do not agree. California Code of Civil Procedure Section 872.210 allow a co-owner to sell co-owned property, even if the other co owner does not consent to the sale, … Read More

Code of Civil Procedure 872.720 CCP – Interlocutory Judgment of Partition (Partition Actions)

California Code of Civil Procedure 872.720 is the California partition statute that allows the court to enter an interlocutory judgment of partition, thereby finding that a partition will be entered in the case. The statute provides that: (a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that … Read More

Contract Attorneys Fees Bankruptcy Litigation California Code Civil Procedure 1021

Motion for Attorney’s Fees in Bankruptcy Adversary Proceedings Under Contract [California CCP 1021]

While the general rule in American courts is that each party pays their own attorney’s fees, parties in bankruptcy adversaries and contested matters in California may be entitled to file a motion for attorney’s fees if a contract provides for such a recovery under California Code of Civil Procedure 1021. This pertains to prevailing parties … Read More

Bankruptcy Trustee Continuing 341 Meeting of Creditors Talkov Law

Why Is the Bankruptcy Trustee Continuing the Meeting of Creditors?

Continuances of Meetings of Creditors – What is the Bankruptcy Trustee Investigating? Imagine this: you have filed all necessary bankruptcy paperwork and have attended your mandatory 341 meeting of creditors. You honestly answered all questions that the bankruptcy trustee asked you. Then, you get a notice that your bankruptcy trustee is continuing the meeting of … Read More

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