California Code of Civil Procedure 873.150 is the California partition statute that addresses payment to third party contractors by a referee in a partition action in California. The statute provides that:
A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not in excess of the legal rate for amounts due under the contract that are not paid within three months after the time they become due and payable.
California Code of Civil Procedure § 873.150
Law Revision Commission Comments to California Code of Civil Procedure § 873.150
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.150 as follows:
Section 873.150 is new. It is designed to better enable the referee to obtain competent services where the person rendering the service will not be paid until the conclusion of the action.
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