California Code of Civil Procedure 873.530 is the California partition statute that addresses private sale and public auction in a partition action in California. The statute provides that:
Part of the property may be sold at public auction and part at private sale if it appears that to do so will be more beneficial to the parties.
California Code of Civil Procedure § 873.530
No preference for private auction or public sale is implied in this section. See Procedure., 12 Witkin, Summary 11th Real Prop § 78.
Law Revision Commission Comments to California Code of Civil Procedure § 873.530
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.530 as follows:
Section 873.530 continues the substance of a portion of the first sentence of former Section 775.
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