California Code of Civil Procedure 873.650 is the California partition statute that explains the content of a notice of sale in a partition action in California. The statute provides that:
(a) The court shall prescribe the contents of the notice of sale, which shall include a description of the property, the time and place of sale, and a statement of the principal terms of sale. In place of the principal terms of sale, the notice may refer to an order of the court or to a written statement containing such information which may be inspected at the place of business of the referee or the referee’s attorney.
California Code of Civil Procedure § 873.650
(b) A notice of private sale shall state a place where bids or offers will be received and a day on or after which the sale will be made.
In other words, this statute suggests that notice must be given in a particular manner and provide notice to the public that they may bid on the property. See Cummings v. Dessel (2017) 13 Cal.App.5th 589, 600.
Law Revision Commission Comments to California Code of Civil Procedure § 873.650
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.650 as follows:
Section 873.650 continues and expands the requirements of former Sections 775 and 782 that the notice of sale contain the principal terms of sale. See Section 873.610 and Comment thereto (court prescribes principal terms, including liens to which the sale is subject).
Subdivision (a) requires a reference to the “time and place of sale.” In the case of a private sale (subdivision (b) ), the place of sale will normally be the place of business of the referee. For a comparable provision, see Prob.Code § 782.
It should be noted that the court may permit variation from the published terms of sale if to do so will benefit the parties and will not prejudice the rights of other interested persons. See Section 873.730(b).
Contact an Experienced Partition Attorney in California
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