California Code of Civil Procedure 873.280 is the California partition statute that explains the content of the partition referee‘s report in a partition action in California. The statute provides that:
(a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has appeared in the action.
(b) The report shall include all of the following:
(1) A specification of the manner in which the referee has executed the referee’s trust.
(2) A description of the property divided and of the share allotted to each party, along with any recommendation as to owelty.
(3) Any recommendation as to opening and closing public and private ways, roads, streets, and easements.
California Code of Civil Procedure § 873.280
The law provides that the referee’s report is subject to a motion to confirm, modify or set aside report and to a hearing hearing where a judgment would be entered.
Law Revision Commission Comments to California Code of Civil Procedure § 873.280
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.280 as follows:
Section 873.280 continues the substance of the first sentence of former Section 765 with the added requirement of any recommendations as to owelty (Section 873.250) and as to public and private ways (Section 873.090). The description required by subdivision (b)(2) must be by metes and bounds, or lots and blocks, or such other method as will enable the precise location of each portion.
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