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 judgeโs 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 ยง 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 ยง 873.050
In 1976, the California Law Revision Commission explained California Code of Civil Procedure ยง 873.050 as follows:
Section 873.050 continues provisions formerly found in Section 763.
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