California Code of Civil Procedure 873.140 is the California partition statute that addresses how a partition referee may employ an auctioneer in a partition by sale action in California. The statute provides that:
The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction.
California Code of Civil Procedure § 873.140
In other words, this statute allows the referee to employ an auctioneer with court approval in order to carry out the sale at public auction. See 48 Cal. Jur. 3d Partition § 90.
Law Revision Commission Comments to California Code of Civil Procedure § 873.140
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.140 as follows:
Section 873.140 is new. It is derived from Probate Code Section 760.5 (sale of tangible personal property of estate).
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