Code of Civil Procedure § 873.120 (CCP) – Attorney (Partition Referees)

California Code of Civil Procedure 873.120 is the California partition statute that addresses the procedure for a partition referee to employ an attorney in a partition action in California. The statute provides that:

(a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110.

(b) The application for approval shall be in writing and shall include the name of the attorney whom the referee wishes to employ and the necessity for the employment.

(c) The attorney so employed may not be attorney for, or associated with or employed by an attorney for, any party to the action except with the written consent of all the parties to the action.

(d) Any claim for compensation for the attorney shall detail the services performed by the attorney.

California Code of Civil Procedure § 873.120

In other words, the court may approve the employment of an attorney for the referee only on written application stating the attorney’s name and the necessity for the employment. See Authority of Referee, 12 Witkin, Summary 11th Real Prop § 76. Such a request can seemingly be done when requesting the employment of the referee for a more efficient result.

Law Revision Commission Comments to California Code of Civil Procedure § 873.120

In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.120 as follows:

Section 873.120 is new. It is derived from Rule 528 of the California Rules of Court (employment of an attorney by a receiver).

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About Scott Talkov

Scott Talkov is California's #1 partition lawyer, having handled over 370 partition actions. He founded Talkov Law Corp. after more than one decade of experience at a California real estate litigation firm, where he served as one of the firm's partners. He has been featured on CNN, ABC 7, 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 rated by Super Lawyers since 2013. 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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