California Code of Civil Procedure 873.660 is the California partition statute that discusses securities, perishable property, passage of title, and proceeds in a partition action in California. The statute provides that:
(a) The court may order securities listed on an established stock or bond exchange, and personal property that is perishable, that will depreciate in value if not promptly disposed of, or that will incur loss or expense by being kept, to be sold upon such notice and conditions as may be appropriate.
(b) Unless otherwise ordered by the court, title to property sold pursuant to this section passes without court confirmation. The referee is responsible for the actual value of the property until, after return and proper showing, the court approves the sale.
California Code of Civil Procedure § 873.660
This section has rarely been raised in litigation, as reflected by the lack of case law, brief treatment by the law revision commission, and summary treatment in Witkin. See generally Procedure, 12 Witkin, Summary 11th Real Prop (2023) § 78.
Law Revision Commission Comments to California Code of Civil Procedure § 873.660
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.660 as follows:
Section 873.660 is new; it is derived from Probate Code Sections 770 and 771.
The provisions of Section 873.660 apply notwithstanding the other provisions of this chapter governing sales.
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