California Code of Civil Procedure 873.670 is the California partition statute that explains the public auction procedure in a partition action in California. The statute provides that:
(a) A sale at public auction to the highest bidder shall be held in the county in which the action is pending or such other place as may be specified by the court.
(b) Unless otherwise ordered by the court, personal property shall be present at the sale.
(c) The sale may be postponed by the referee by public declaration as provided for sales upon execution.
California Code of Civil Procedure § 873.670
Law Revision Commission Comments to California Code of Civil Procedure § 873.670
In 1976, the California Law Revision Commission explained California Code of Civil Procedure § 873.670 as follows:
Section 873.670, providing procedural detail for sales at public auction, is new. It generally follows execution procedure. See Section 694.
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