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Code of Civil Procedure § 872.030 (CCP) – Civil Actions; Law Governing (Partition Action)

California Code of Civil Procedure 872.030 is the California partition statute that provides definitions for terms used throughout the code for partition actions in California. The statute provides that:

The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.

California Code of Civil Procedure § 872.030

One court explained the importance of this statute in the context of California Code of Civil Procedure § 872.040 as follows:

Although we conclude the language of the statute is conclusive as to the intent of the Legislature, we find support upon reading section 872.040 in context. The section immediately preceding it is section 872.030, which provides that, unless inconsistent with the provisions of the title, “[t]he statutes and rules governing practice in civil actions generally apply” to partition actions. The comments to section 872.030 highlight that “this title contains some special procedural provisions that apply to partition despite general rules to the contrary.” (Cal. Law Revision Com. coms., 17A pt. 2 West’s Ann. Code Civ. Proc. (2015 ed.) foll. § 872.030, p. 149 [1976 addition].)

Starcevic v. Pentech Financial Services, Inc. (2021) 66 Cal.App.5th 365, 378–379

Law Revision Commission Comments to California Code of Civil Procedure § 872.030

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 872.030 as follows:

Section 872.030 makes clear that, although partition is nominally a civil action, this title contains some special procedural provisions that apply to partition despite general rules to the contrary. For example, the partition provisions governing referees apply in partition actions notwithstanding any general provisions to the contrary that might be found in Chapter 6 (commencing with Section 638) of Title 8 of Part 2 of the Code of Civil Procedure (references and trials by referees).

Talkov Law's Partition Attorneys Can Help

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. With seven, full time partition lawyers, Talkov Law is the #1 partition law firm in California and has handled over 300 partition actions throughout California. Every case has resulted in a sale to either a third party or one of the co-owners. Not a single court has denied our clients the right to partition or declared our client to be a non-owner. Plus, for qualified cases, there is no fee until we settle or win your case!

If you're looking to end your co-ownership dispute, contact California's premier partition action law firm by calling Talkov Law at (844) 4-TALKOV (825568) or sending us a message today.

About Scott Talkov

Scott Talkov is a partition lawyer in California. He founded Talkov Law Corp. after more than one decade of experience with one of the region's oldest law firms, where he served as one of the firm's partners. He has been featured on ABC 7, CNN, KCBS, and KCAL-9, and in the Los Angeles Times, the Orange County Register, the San Diego Union-Tribune, the Press-Enterprise, and in Los Angeles Lawyer Magazine. Scott has been named a Super Lawyers Rising Star for 9 consecutive years. He can be reached about new matters at info@talkovlaw.com or (844) 4-TALKOV (825568). He can also be contacted directly at scott@talkovlaw.com.

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