California Code of Civil Procedure 873.610 is the California partition statute that allows the court to set the manner, terms and conditions of sale, along with allowing the court to allow the referee to make recommendations related thereto. The statute provides that:
(a) The court may, at the time of trial or thereafter, prescribe such manner, terms, and conditions of sale not inconsistent with the provisions of this chapter as it deems proper for the particular property or sale.
(b) The court may refer the manner, terms, and conditions of sale to the referee for recommendation but shall not approve the referee’s report except following a hearing upon noticed motion.
California Code of Civil Procedure 873.610
“The applicable statute makes clear the court’s authority to control the manner, terms, and conditions of sale. These include, but are not limited to, the following: (1) form, manner, and contents of notice of sale; (2) minimum bid and right to reject all bids; (3) terms of credit; (4) prior estate, charge, or lien to which the property will be subject; (5) escrow and title insurance expenses; (6) agents’ commissions; (7) procedure as to increased offers at court confirmation; and (8) sale of items of personal property individually, in a single lot, or in several lots.”[1]48 Cal. Jur. 3d Partition § 85. Indeed, California Code of Civil Procedure 873.610, Law Revision Commission Comment (1976) provides that: Section 873.610…makes clear the court’s … Continue reading
As one court explained, “section [873.610] is in accord with the basic principle that ‘[a]n action for partition is governed by the broad principles of equity jurisprudence.'”[2]Sykora v. DeMaria (Cal. Ct. App. Sept. 20, 2002) No. C037153, 2002 WL 31097692, at *9 (unpublished) (citing Wallace v. Daley (1990) 220 Cal.App.3d 1028, 1035, and Penasquitos, Inc. v. … Continue reading “In the exercise of its equitable powers, the court may ‘fashion any appropriate remedy,’ and ‘consider any unjust or harsh result.'”[3]Sykora v. DeMaria (Cal. Ct. App. Sept. 20, 2002) No. C037153, 2002 WL 31097692, at *9 (unpublished) (citing Zarrahy v. Zarrahy (1988) 205 Cal.App.3d 1, 4–5)
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References
| ↑1 | 48 Cal. Jur. 3d Partition § 85. Indeed, California Code of Civil Procedure 873.610, Law Revision Commission Comment (1976) provides that:
Section 873.610…makes clear the court’s authority to control the manner, terms, and conditions of sale. These include, but are not limited to, the following: (a) Form, manner, and contents of notice of sale. See Sections 873.640-873.650. (b) Minimum bid and right to reject all bids. For example, if the property is a manufacturing plant which has been shut down and there are few potential buyers, it may be desirable to impose one or more of these conditions. Minimum bids, rejection of all bids, display, or national advertising are tools that are often used in noncourt sales. The use of conditions such as minimum bids in partition sales had not been ruled upon by California appellate courts. Divided views have been expressed in other jurisdictions. … (c) Terms of credit. See Section 873.630. (d) Prior estate, charge, or lien to which the property will be subject. (e) Escrow and title insurance expenses. (f) Agents’ commissions. See Sections 873.740 and 873.745 (permitting the court to make applicable to the confirmation hearing a modified “gross overbidding” procedure and to fix, divide, and limit agents’ commissions). g) Procedure as to increased offers at court confirmation. See Section 873.740. (h) Sale of items of personal property individually, in a single lot, or in several lots. See Section 873.620. |
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| ↑2 | Sykora v. DeMaria (Cal. Ct. App. Sept. 20, 2002) No. C037153, 2002 WL 31097692, at *9 (unpublished) (citing Wallace v. Daley (1990) 220 Cal.App.3d 1028, 1035, and Penasquitos, Inc. v. Holladay (1972) 27 Cal.App.3d 356, 358) |
| ↑3 | Sykora v. DeMaria (Cal. Ct. App. Sept. 20, 2002) No. C037153, 2002 WL 31097692, at *9 (unpublished) (citing Zarrahy v. Zarrahy (1988) 205 Cal.App.3d 1, 4–5) |
