California Code of Civil Procedure 873.050 is the California partition statute that addresses who is ineligible to be appointed as partition referee in a partition action in California. The statute provides that:
None of the following persons shall be appointed a referee under this title:
(a) A clerk or deputy clerk of the court.
(b) A former or present partner or employee of the judge.
(c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative.
(d) An owner of any interest in the property that is the subject of the action.
California Code of Civil Procedure § 873.050
Similarly, the partition statutes provide limitations on ineligible purchasers in a partition action.
Law Revision Commission Comments to California Code of Civil Procedure § 873.050
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.050 as follows:
Section 873.050 continues provisions formerly found in Section 763.
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