Referees in Partitions

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

Code of Civil Procedure 873.770 CCP – Taking Setoff from Party Purchaser (Partition Actions)

California Code of Civil Procedure 873.770 is the California partition statute that explains how the partition referee will distribute proceeds of sale when the purchaser is also a party entitled to some of the proceeds of sale, i.e., when credit bidding may be available. The statute provides that: Where the purchaser is a party or … Read More

CCP 873.610 Manner, terms and conditions consistent with chapter; recommendations of referee Talkov Law

Code of Civil Procedure 873.610 CCP – Manner, Terms and Conditions Consistent with Chapter; Recommendations of Referee (Partition Actions)

California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that: (a) The court may, at the time of trial or thereafter, prescribe such … Read More

CCP 872.710 Right of Plaintiff to Partition; Concurrent Interests; Successive Estates Talkov Law

Code of Civil Procedure 872.710 CCP – Right of Plaintiff to Partition; Concurrent Interests; Successive Estates (Partition Actions)

California Code of Civil Procedure 872.710 is the California partition statute that governs the right to partition in California. The statute provides that: (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall … Read More

CCP 873.010 Appointment; power and duty of court Talkov Law

Code of Civil Procedure 873.010 CCP – Appointment; power and duty of court (Partition Actions)

California Code of Civil Procedure 873.010 is the California partition statute that describes the power and duty of a partition referee as appointed by the court. The statute provides that: (a) The court shall appoint a referee to divide or sell the property as ordered by the court.(b) The court may: (1) Determine whether a … Read More

CCP 872.130 Restraining orders and injunctions; bonds; purpose Talkov Law

Code of Civil Procedure 872.130 CCP – Restraining Orders and Injunctions; Bonds; Purpose (Partition Actions)

California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. … Read More

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 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

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