Code of Civil Procedure — Part 16 | CCP — United States — California law | Esheria

Code of Civil Procedure

Part 16 of 17 · provisions 3,001–3,200

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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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Provisions of Code of Civil Procedure

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  1. 830.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section sets out how groundwater-rights adjudications must be conducted and interpreted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 830. (a) This chapter establishes methods and procedures for a comprehensive adjudication. (b) This chapter shall be applied and interpreted consistently with all of the following: (1) Protecting water rights consistent with Section 2 of Article X of the California Constitution. (2) Conducting a comprehensive adjudication in a manner that promotes efficiency, reduces unnecessary delays, and provides due process. (3) Encouraging the compromise and settlement of comprehensive adjudications. (4) Conducting a comprehensive adjudication in a manner that is consistent with the achievement of groundwater sustainability within the timeframes of the Sustainable Groundwater Management Act. (5) Establishing procedures by which courts may conduct comprehensive determinations of all rights and priorities to groundwater in a basin. (6) Providing for the conduct of a comprehensive adjudication consistent with Winters v. United States (1908) 207 U.S. 564, the McCarran Amendment (codified at 43 U.S.C. Sec. 666), and any other federal laws regarding the determination of federal or tribal water rights, as applicable. (7) Providing notice and due process sufficient to enable a court in a comprehensive adjudication conducted pursuant to this chapter to determine and establish the priority for unexercised water rights. The court may consider applying the principles established in In re Waters of Long Valley Creek Stream System (1979) 25 Cal.3d 339. Except as provided in this paragraph, this chapter shall not alter groundwater rights or the law concerning groundwater rights. (c) The other provisions of this code apply to procedures in a comprehensive adjudication to the extent they do not conflict with the provisions of this chapter. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  2. 831.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. )

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    For comprehensive groundwater-rights adjudications under this chapter, Article 6 of Chapter 2 of Title 8 of the Government Code applies.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 831. Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code applies to a comprehensive adjudication conducted pursuant to this chapter. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  3. 831.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. )

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    In certain groundwater adjudication cases, the court must assign a party to send specified orders to the groundwater sustainability agency, and the agency must post them online unless the documents are sealed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 831.5. (a) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), the court shall appoint one party to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency within 10 business days of issuance. The groundwater sustainability agency shall post the documents on its internet website in the interest of transparency and accessibility within 20 business days of receipt from a party. This section does not apply to any documents that have been sealed by the court. (b) For a basin that has multiple groundwater sustainability agencies, the groundwater sustainability agencies, in consultation with the parties to the adjudication, shall select which agency will post these documents on its internet website. (c) The court shall allocate payment of the costs incurred by the party appointed to forward all case management orders, judgments, and interlocutory orders to the groundwater sustainability agency among the parties in an amount and a manner that the court deems equitable. (Added by Stats. 2023, Ch. 665, Sec. 1. (AB 779) Effective January 1, 2024.)
  4. 832.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section defines key terms used in the groundwater rights chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 1. General Provisions [830 - 832] ( Article 1 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 832. For purposes of this chapter, the following definitions apply: (a) “Basin” has the same meaning as defined in Section 10721 of the Water Code. (b) “Complaint” means a complaint filed in superior court to determine rights to extract groundwater and includes any cross-complaint that initiates a comprehensive adjudication in response to a plaintiff’s complaint or other cross-complaint. (c) “Comprehensive adjudication” means an action filed in superior court to comprehensively determine rights to extract groundwater in a basin. (d) “Condition of long-term overdraft” means the condition of a groundwater basin where the average annual amount of water extracted for a long-term period, generally 10 years or more, exceeds the long-term average annual supply of water to the basin, plus any temporary surplus. Overdraft during a period of drought is not sufficient to establish a condition of long-term overdraft if extractions and recharge are managed as necessary to ensure that reductions in groundwater levels or storage during a period of drought are offset by increases in groundwater levels or storage during other periods. (e) “Department” means the Department of Water Resources. (f) “Expert witness” means a witness qualified pursuant to Section 720 of the Evidence Code. (g) “Groundwater” means water beneath the surface of the earth within the zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels. (h) “Groundwater extraction facility” means a device or method for extracting groundwater in a basin. (i) “Groundwater recharge” means the augmentation of groundwater, by natural or artificial means. (j) “Person” includes, but is not limited to, counties, local agencies, state agencies, federal agencies, tribes, business entities, and individuals. (k) “Plaintiff” means the person filing the complaint initiating a comprehensive adjudication and includes a cross-complainant who initiates a comprehensive adjudication by cross-complaint. (l) “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (m) “State small water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. (n) “Sustainable Groundwater Management Act” means Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code. (Amended by Stats. 2016, Ch. 86, Sec. 26. (SB 1171) Effective January 1, 2017.)
  5. 833.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 2. Scope of Action [833 - 834] ( Article 2 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section says when this chapter applies to groundwater-rights actions, and lets the court join additional water-right claimants or handle minor-quantity claimants separately.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 2. Scope of Action [833 - 834] ( Article 2 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 833. (a) Except as provided in subdivision (b), this chapter applies to actions that would comprehensively determine rights to extract groundwater in a basin, whether based on appropriation, overlying right, or other basis of right. (b) This chapter does not apply to any of the following: (1) An action that concerns only allegations that a groundwater extraction facility, or group of facilities, is interfering with another groundwater extraction facility or facilities and does not involve a comprehensive allocation of the basin’s groundwater supply. (2) An action that concerns only claims to extract, or to prevent interference with extractions of, a specific source of groundwater recharge and does not involve a comprehensive allocation of the basin’s groundwater supply. (3) An action that can be resolved among a limited number of parties and does not involve a comprehensive determination of rights to extract groundwater within the basin. (4) An adjudicated area described in subdivisions (a) to (d), inclusive, of Section 10720.8 of the Water Code, unless a court with jurisdiction over a proposed expansion of the adjudicated area orders that the proceeding be conducted in accordance with this chapter. (c) If the court finds that including an interconnected surface water body or subterranean stream flowing through known and definite channels is necessary for the fair and effective determination of the groundwater rights in a basin, the court may require the joinder of persons who claim rights to divert and use water from that surface water body or subterranean stream in a comprehensive adjudication conducted pursuant to this chapter. (d) If the court finds that claims of right to extract or divert only minor quantities of water, not to exceed five acre-feet of water per year, would not have a material effect on the groundwater rights of other parties, the court may do either of the following: (1) Exempt those claimants with respect to those claims for only minor quantities of water, but a person who is exempted may elect to continue as a party to the comprehensive adjudication. (2) Treat those claimants separately from other parties to the comprehensive adjudication by separately processing and entering orders with respect to those persons, in order to reduce their burden of participation and more efficiently administer the case. (Amended by Stats. 2025, Ch. 643, Sec. 1. (AB 1466) Effective January 1, 2026.)
  6. 834.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 2. Scope of Action [833 - 834] ( Article 2 added by Stats. 2015, Ch. 672, Sec. 1. )

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    In a comprehensive groundwater adjudication, the court may determine basin groundwater rights and storage-space use, and its final judgment may declare priority, amounts, uses, locations, and related injunctive relief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 2. Scope of Action [833 - 834] ( Article 2 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 834. (a) In a comprehensive adjudication conducted pursuant to this chapter, the court may determine all groundwater rights of a basin, whether based on appropriation, overlying right, or other basis of right, and use of storage space in the basin. (b) The court’s final judgment in a comprehensive adjudication, for the groundwater rights of each party, may declare the priority, amount, purposes of use, extraction location, place of use of the water, and use of storage space in the basin, together with appropriate injunctive relief, subject to terms adopted by the court to implement a physical solution in the comprehensive adjudication. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  7. 835.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. )

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    The plaintiff must give notice of the comprehensive adjudication to specified people and agencies, generally within 15 or 30 days depending on who must be notified.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 835. (a) The plaintiff shall provide notice of the comprehensive adjudication to all of the following: (1) A groundwater sustainability agency that overlies the basin or a portion of the basin. (2) A city, county, or city and county that overlies the basin or a portion of the basin. (3) A district with authority to manage or replenish groundwater resources of the basin in whole or in part. (4) The operator of a public water system or state small water system that uses groundwater from the basin to supply water service. (5) A California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. (6) The Attorney General, the State Water Resources Control Board, the department, and the Department of Fish and Wildlife. (7) A federal department or agency that manages a federal reservation that overlies the basin or a portion of the basin. (8) A person identified under Section 836.5 who is not a party to the comprehensive adjudication. (9) A person who is on a list, maintained by a groundwater management agency, of interested parties that have requested notice under the Sustainable Groundwater Management Act. (b) The plaintiff may provide notice under this section by first class mail or electronic mail. (c) (1) Except as provided in paragraph (2), the plaintiff shall provide notice under this section as follows: (A) To any person entitled to notice under paragraphs (1) to (7), inclusive, of subdivision (a) within 15 days of the filing of the complaint. (B) To any person entitled to notice under paragraphs (8) and (9) of subdivision (a) within 30 days of receipt of the name and address of the person entitled to notice. (2) The plaintiff may take additional time as is reasonably necessary before providing notice under this section if the plaintiff determines that additional time is necessary to identify a person entitled to notice under this section, confirm the accuracy of the name or address of a person, or to determine if the conditions requiring notice have been satisfied. (d) The plaintiff is not required to provide notice under this section to a person who has already been served or intervened in the action. (Amended by Stats. 2016, Ch. 86, Sec. 27. (SB 1171) Effective January 1, 2017.)
  8. 836.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section requires the plaintiff to lodge a draft notice and draft form answer with the court, then follow specified notice and service steps for a groundwater basin adjudication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 836. (a) When the plaintiff files the complaint, the plaintiff shall also lodge with the court both of the following: (1) (A) A draft notice titled “NOTICE OF COMMENCEMENT OF GROUNDWATER BASIN ADJUDICATION” in no less than 20-point font and the following text printed immediately below the draft notice title in no less than 14-point font: “THIS NOTICE IS IMPORTANT. ANY RIGHTS YOU CLAIM TO PUMP OR STORE GROUNDWATER FROM THE BASIN IDENTIFIED IN THIS NOTICE MAY BE AFFECTED BY A LAWSUIT INITIATED BY THE COMPLAINT SUMMARIZED BELOW. A copy of the complaint may be obtained by contacting the plaintiff or the plaintiff’s attorney identified in this notice. If you claim rights to pump or store groundwater within the basin, either now or in the future, you may become a party to this lawsuit by filing an answer to the lawsuit on or before the deadline specified in this notice. You may file an answer by completing the attached form answer, filing it with the court indicated in this notice, and sending a copy of the form answer to the plaintiff or the plaintiff’s attorney. Failing to participate in this lawsuit could have a significant adverse effect on any right to pump or store groundwater that you may have. You may seek the advice of an attorney in relation to this lawsuit. Such attorney should be consulted promptly. A case management conference in this groundwater basin adjudication proceeding shall occur on the date specified in this notice. If you intend to participate in the groundwater adjudication proceeding to which this notice applies, you are advised to attend the initial case management conference in person or have an attorney represent you at the initial case management conference. Participation requires the production of all information regarding your groundwater use. You must provide this information by the date identified in this notice. A form answer is provided for your convenience. You may fill out the form answer and file it with the court. Should you choose to file the form answer, it will serve as an answer to all complaints and cross-complaints filed in this case.” (B) The following information shall be provided immediately following the text described in subparagraph (A): (i) The name of the basin that is the subject of the comprehensive adjudication and a link to the Internet Web site address where the department has posted a map of the basin. (ii) A space to be completed with the case number assigned to the comprehensive adjudication, and the name and address of the court and department to which the action is assigned. (iii) The name, address, telephone number, and email address of the plaintiff, or plaintiff’s attorney, from whom the complaint may be obtained and to whom a copy of the form answer should be sent. (iv) A summary of the causes of action alleged in the complaint and the relief sought. The summary shall not exceed 25 lines. (v) A date by which persons receiving the notice must appear in the comprehensive adjudication. (2) (A) A draft form answer titled “ANSWER TO ADJUDICATION COMPLAINT” in no less than 20-point font and the following text printed immediately below the draft form answer title in no less than 14-point font: “The undersigned denies all material allegations in the complaint or cross-complaint in this action that seeks to adjudicate rights in the groundwater basin and asserts all applicable affirmative defenses to that complaint.” (B) Notwithstanding any other law, the filing of an answer in the form described in subparagraph (A) in a comprehensive adjudication is sufficient to put at issue all material allegations and applicable affirmative defenses to the complaint in the comprehensive adjudication. If a party intends to seek adjustment of the basin’s boundaries, it shall disclose that intention in the form answer described in subparagraph (A). (b) Within 30 days of the assignment of a judge by the Chairperson of the Judicial Council, the plaintiff shall file a motion for approval of the draft notice and draft form answer filed pursuant to subdivision (a). The plaintiff’s motion shall include a copy of the draft notice and draft form answer filed pursuant to subdivision (a). (c) Once the court approves the draft notice, service of that notice in accordance with this section shall substitute for the summons otherwise provided for in civil actions pursuant to Section 412.20. (d) (1) Following a court order approving the notice and form answer and authorizing service of landowners pursuant to this section, the plaintiff shall do all of the following: (A) Identify the assessor parcel numbers and physical addresses of all real property in the basin and the names and addresses of all holders of fee title to real property in the basin using the records of the assessor or assessors of the county or counties in which the basin to be adjudicated lies. The plaintiff shall provide the court and all parties with notice of its acquisition of, or sufficient access to, this information. (B) Mail, by registered mail or certified mail, return receipt requested, the notice, complaint, and form answer to all holders of fee title to real property in the basin. If the physical address of the real property differs from the address of the holder of fee title, the notice, complaint, and form answer shall be mailed by registered or certified mail, return receipt requested, to the physical address of the real property and the address of the holder of fee title. (C) If return receipt is not received for a parcel of real property, the plaintiff shall post a copy of the notice, complaint, and form answer in a conspicuous place on the real property. (D) Within 20 days of the court order, publish the notice at least once per week for four consecutive weeks in one or more newspapers of general circulation in each county overlying the basin in whole or in part. (2) Service pursuant to this subdivision is not required if the real property is owned by a person in a class of water users that are otherwise noticed in accordance with this chapter. If the owner is part of a class of water users proposed for certification, service is not required until the court acts on the proposal for certification. (e) After completing the mailing pursuant to subdivision (d), the plaintiff shall file with the court a notice of the completion of the mailing. (f) A property owner who has received notice of the comprehensive adjudication and transfers property during the pendency of the comprehensive adjudication shall disclose, on the Real Estate Transfer Disclosure Statement, that the property is subject to a comprehensive adjudication and shall attach the court-approved notice to the Real Estate Transfer Disclosure Statement. (g) Following a court order authorizing service of landowners pursuant to this section, the plaintiff shall serve any known person that pumps groundwater who would not otherwise be served pursuant to subdivision (d) of this section, except those who have been exempted by the court pursuant to subdivision (d) of Section 833 or those who are part of a class certified pursuant to paragraph (2) of subdivision (d) of this section. Service pursuant to this subdivision shall be by personal delivery or by mail in the manner prescribed by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5. (h) Service on the United States shall be made in accordance with Section 666 of Title 43 of the United States Code. (i) The court may authorize any other procedures it finds appropriate and necessary to provide notice to persons who may hold groundwater rights in the basin. (j) Compliance with the service and notice provisions of this chapter shall be deemed effective service of process of the complaint and notice on all interested parties of the comprehensive adjudication for purposes of establishing in rem jurisdiction and the comprehensive effect of the comprehensive adjudication. (k) Whenever proceedings are instituted under this chapter, it shall be the duty of all claimants interested in the proceedings and having notice of the proceedings pursuant to this chapter to appear in the proceedings and to submit proof of their claims at the time, and in the manner, required by this chapter. (l) The court may require notice to be made available in languages other than English. (m) Within 15 days of the court order approving the notice and form answer, the plaintiff shall provide the notice and form answer to the department and each county and groundwater sustainability agency that overlies the basin or a portion of the basin. The department, and each county and groundwater sustainability agency that overlies the basin or a portion of the basin and has an Internet Web site shall do all of the following: (1) Within 15 days of receiving the notice and form answer, post those documents on its Internet Web site. (2) Provide a link to the notice and form answer on the home page of its Internet Web site. (3) Maintain the posting and link described in paragraphs (1) and (2) for the entire time the comprehensive adjudication is pending. The plaintiff shall notify the department and each county and groundwater sustainability agency when the comprehensive adjudication is no longer pending. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  9. 836.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section requires the plaintiff to ask specified water agencies for contact information about people reporting groundwater extractions, and requires those entities to respond and reimburse reasonable costs on request.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 3. Notice and Service of Complaint [835 - 836.5] ( Article 3 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 836.5. (a) Within 15 days of the court order approving the notice and form answer under Section 836, the plaintiff shall request from the following entities the names and addresses of persons reporting extractions within the basin under the Sustainable Groundwater Management Act, or Part 5 (commencing with Section 4999) or Part 5.2 (commencing with Section 5200) of Division 2 of the Water Code: (1) The State Water Resources Control Board. (2) A local agency designated under Section 5009 of the Water Code as the local agency for a board-designated local area that includes the basin or a portion of the basin. (3) A groundwater sustainability agency for the basin or a portion of the basin. (b) The entities described in paragraphs (1) to (3), inclusive, of subdivision (a) shall provide the plaintiff with the names, mailing addresses, and email addresses, if available, within 45 days of the plaintiff’s request. The State Water Resources Control Board shall also provide the mailing address and email addresses, if available, of any person known to the board who holds a permit or license authorizing underground storage in the basin or who claims a right to divert water for underground storage in the basin. (c) Upon request, the plaintiff shall reimburse the reasonable costs incurred under this section by an entity described in paragraphs (1) to (3), inclusive, of subdivision (a). (d) An entity shall not be held civilly liable for complying with this section. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  10. 837.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 4. Intervention [837 - 837.5] ( Article 4 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section lets certain basin-related public agencies and local governments intervene in a comprehensive groundwater adjudication, and requires the court to allow intervention for any person who meets the stated showing. A person seeking ex parte intervention must give notice to the plaintiff.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 4. Intervention [837 - 837.5] ( Article 4 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 837. (a) A groundwater sustainability agency for the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) A city, county, or city and county that overlies the basin or a portion of the basin may intervene in a comprehensive adjudication conducted pursuant to this chapter. (c) The court shall allow any person to intervene in a comprehensive adjudication conducted pursuant to this chapter upon an ex parte application that demonstrates that the person holds fee simple ownership in a parcel in the basin, or extracts or stores water in the basin. A person filing an ex parte application pursuant to this subdivision shall give notice to the plaintiff consistent with the California Rules of Court. (d) A person may apply to intervene in a comprehensive adjudication conducted pursuant to this chapter pursuant to Section 387. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  11. 837.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 4. Intervention [837 - 837.5] ( Article 4 added by Stats. 2015, Ch. 672, Sec. 1. )

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    The state may intervene in a comprehensive adjudication under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 4. Intervention [837 - 837.5] ( Article 4 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 837.5. (a) The state may intervene in a comprehensive adjudication conducted pursuant to this chapter. (b) This section does not affect substantive law. (Added by Stats. 2015, Ch. 676, Sec. 1. (SB 226) Effective January 1, 2016.)
  12. 838.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 5. Judge [838- 838.] ( Article 5 added by Stats. 2015, Ch. 672, Sec. 1. )

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    In certain groundwater-rights comprehensive adjudications, the local superior court judge is disqualified and a judge must be assigned by the Judicial Council Chairperson.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 5. Judge [838- 838.] ( Article 5 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 838. (a) (1) In a comprehensive adjudication conducted pursuant to this chapter, a judge of a superior court of a county that overlies the basin or any portion of the basin shall be disqualified. The Chairperson of the Judicial Council shall assign a judge to preside in all proceedings in the comprehensive adjudication. (2) A judge of the superior court in which an action is filed may, on the court’s own motion or the motion of a party, determine if the action is a comprehensive adjudication under Section 833. A motion for a determination pursuant to this paragraph shall receive calendar preference within the action and shall be resolved before other procedural or dispositive motions. (b) A comprehensive adjudication is presumed to be a complex action under Rule 3.400 of the California Rules of Court. (c) Sections 170.6 and 394 shall not apply in a comprehensive adjudication. (d) Notwithstanding subdivision (b) of Section 10726.6 of the Water Code, an action against a groundwater sustainability agency that is located in a basin that is being adjudicated pursuant to this chapter shall be subject to transfer, coordination, and consolidation with the comprehensive adjudication, as appropriate, if the action concerns the adoption, substance, or implementation of a groundwater sustainability plan, or the groundwater sustainability agency’s compliance with the timelines in the Sustainable Groundwater Management Act. (e) The judge assigned by the Chairperson of the Judicial Council pursuant to subdivision (a) shall determine if transfer, coordination, or consolidation is appropriate. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  13. 839.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 6. Electronic Service [839- 839.] ( Article 6 added by Stats. 2015, Ch. 672, Sec. 1. )

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    In a comprehensive adjudication, pleadings and papers generally must be served electronically, and attorneys of record or self-represented parties must include an email address for service in their filed pleadings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 6. Electronic Service [839- 839.] ( Article 6 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 839. Service of pleadings and papers in a comprehensive adjudication, other than the complaint initiating a comprehensive adjudication, shall occur electronically to the greatest extent possible. The court may provide, or authorize the use of, an electronic service system. If an electronic service system is not provided or authorized by the court, the court and the parties shall serve documents by email or other equivalent electronic means to the greatest extent possible. To enable electronic service of pleadings and papers, the attorneys of record or parties representing themselves shall include an email address for service in the captions of all pleadings they file in the comprehensive adjudication. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  14. 840.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 7. Case Management [840- 840.] ( Article 7 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section requires the court to hold and manage certain case-management steps in groundwater adjudications, and it allows the court to consider additional listed issues at an early conference.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 7. Case Management [840- 840.] ( Article 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 840. (a) In managing a comprehensive adjudication, the court shall do both of the following: (1) Convene a case management conference as provided by the California Rules of Court. (2) In an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), manage the case in accordance with Section 10737.2 of the Water Code. (b) In an initial case management conference, or as soon as practicable, the court may consider the following in addition to other matters: (1) Determining whether to seek adjustment of the basin boundaries pursuant to Section 841. (2) Staying the action pursuant to Section 848. (3) Appointing a special master pursuant to Section 845. (4) Scheduling a hearing on a preliminary injunction pursuant to Section 847. (5) Dividing the case into phases to resolve legal and factual issues. (6) Issuing orders to ensure that issues resolved in one phase are not relitigated in another phase. (7) Limiting discovery to correspond to the phases. (8) Scheduling early resolution of claims to prescriptive rights. (9) Forming a class or classes of overlying groundwater rights holders pursuant to the criteria specified in Section 382. (c) After a plaintiff files with the court a notice of completion of the mailing required by Section 836, the court shall, as soon as practicable, hold a hearing to determine whether to exempt or treat separately those claimants who extract or divert only minor quantities of water, as described in Section 833. If the court determines that certain claimants shall be exempted from, or treated separately from, other parties, the court shall establish an appropriate procedure for the registration and administration of such claims. (Amended by Stats. 2025, Ch. 643, Sec. 2. (AB 1466) Effective January 1, 2026.)
  15. 841.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 8. Basin Boundaries [841- 841.] ( Article 8 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section lets a court revise comprehensive-adjudication boundaries in limited circumstances and requires venue and coordination rules for the case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 8. Basin Boundaries [841- 841.] ( Article 8 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 841. (a) Except as otherwise provided in this section, the boundaries of the area subject to a comprehensive adjudication shall be consistent with the boundaries of a basin. (b) If the department revises the boundaries of a basin pursuant to Section 10722.2, or subdivision (b) of Section 12924, of the Water Code after a comprehensive adjudication has been initiated, the court may revise the boundaries of the area subject to the comprehensive adjudication as the interests of justice and the objectives of this chapter require. (c) Upon a showing that a revision of the basin boundaries would further a fair and effective determination of water rights, the court may direct any of the following to submit a request to the department pursuant to Section 10722.2 of the Water Code to revise the basin boundaries: (1) A party to the comprehensive adjudication. (2) The State Water Resources Control Board, if the court has made a reference pursuant to Part 3 (commencing with Section 2000) of Division 2 of the Water Code. (3) A special master, if one has been appointed. (d) A determination of the department on a submission made pursuant to subdivision (c) is subject to judicial review pursuant to Section 1085. Venue shall be in the court with jurisdiction over the comprehensive adjudication and the case shall be coordinated with the comprehensive adjudication. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  16. 842.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 9. Initial Disclosures [842- 842.] ( Article 9 added by Stats. 2015, Ch. 672, Sec. 1. )

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    In groundwater adjudication cases, a party must serve initial disclosures on the other parties and any special master within six months of appearing, unless the parties agree otherwise or the court orders otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 9. Initial Disclosures [842- 842.] ( Article 9 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 842. (a) Except as otherwise stipulated by the parties or ordered by the court, within six months of appearing in a comprehensive adjudication, a party shall serve on the other parties and the special master, if one is appointed, an initial disclosure that includes all of the following information: (1) The name, address, telephone number, and email address of the party and, if applicable, the party’s attorney. (2) The quantity of any groundwater extracted from the basin by the party and the method of measurement used by the party or the party’s predecessor in interest for each of the previous 10 years preceding the filing of the complaint. (3) The type of water right or rights claimed by the party for the extraction of groundwater. (4) A general description of the purpose for which the groundwater has been used, and if for an agricultural use, the type of crops grown during each of the 10 calendar years immediately preceding the filing of the complaint. (5) The location of each well or other source through which groundwater has been extracted. (6) The area in which the groundwater has been used, and if for an agricultural use, the number of acres the party irrigated during each of the 10 calendar years immediately preceding the filing of the complaint. (7) Any claims for increased or future use of groundwater. (8) The quantity of any beneficial use of any alternative water use that the party claims as its use of groundwater under any applicable law, including, but not limited to, Section 1005.1, 1005.2, or 1005.4 of the Water Code. (9) Identification of all surface water rights and contracts that the party claims provides the basis for its water right claims in the comprehensive adjudication. (10) The quantity of any replenishment of water to the basin that augmented the basin’s native water supply, resulting from the intentional storage of imported or non-native water in the basin, managed recharge of surface water, or return flows resulting from the use of imported water or non-native water on lands overlying the basin by the party, or the party’s representative or agent, during each of the 10 calendar years immediately preceding the filing of the complaint. (11) The names, addresses, telephone numbers, and email addresses of all persons possessing information that supports the party’s disclosures. (12) Any other facts that tend to prove the party’s claimed water right. (b) The Judicial Council may develop a form for initial disclosures made pursuant to subdivision (a) to facilitate the consistent, independent, impartial, and accessible administration of comprehensive adjudications. The Judicial Council may coordinate with the department in developing the form. (c) A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its initial disclosures because it has not fully investigated the case, because it challenges the sufficiency of another party’s disclosures, or because another party has not made its disclosures. (d) (1) If a party claims in an initial disclosure to extract not more than 100 acre-feet of water per year, as required by paragraph (2) of subdivision (a), the court shall presume the accuracy of the facts asserted in the initial disclosure. (2) A party who challenges the facts asserted in an initial disclosure described in paragraph (1) has the burden of proving the inaccuracy of those facts. (e) A party that has made its initial disclosures, as described in subdivision (a), or that has responded to another party’s discovery request, shall supplement or correct a disclosure or response in all of the following situations: (1) In a timely manner if the party learns that in some material respect the disclosure or response is incomplete or incorrect and the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process. (2) If the party extracts groundwater from the basin after the complaint is filed. A supplement filed pursuant to this paragraph shall report the quantity of water extracted and be filed within 90 days after the end of the calendar year. (3) As ordered by the court. (f) To the greatest extent possible, a party shall serve their initial disclosures electronically. If it is not possible for the party to serve their disclosures electronically, the party shall serve the disclosures in an electronic format saved on a portable storage media device such as a compact disc or flash drive. (g) A party’s obligations under this section may be enforced by a court on its own motion or the motion of a party to compel disclosure. (h) A party’s disclosures under this section shall be verified under penalty of perjury as being true and correct to the best of the party’s knowledge. (Amended by Stats. 2025, Ch. 643, Sec. 3. (AB 1466) Effective January 1, 2026.)
  17. 843.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 10. Expert Witnesses [843- 843.] ( Article 10 added by Stats. 2015, Ch. 672, Sec. 1. )

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    Parties must disclose expert witnesses and follow detailed timing, report, supplementation, and electronic-service rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 10. Expert Witnesses [843- 843.] ( Article 10 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 843. (a) In addition to all other disclosures required by this chapter, a party shall disclose to the other parties the identity of any expert witness it may use at trial to present evidence. (b) Unless otherwise stipulated by the parties or ordered by the court, the disclosure made pursuant to subdivision (a) shall be accompanied by a written report prepared and signed by the expert witness if the witness is retained or specially employed by the party offering the expert witness to testify as an expert in the action, or if the expert witness’s duties as the party’s employee regularly involves giving expert testimony. The report shall include all of the following: (1) A complete statement of all opinions the witness will express and the basis and reasons for those opinions. (2) The facts or data considered by the witness in forming his or her opinions. (3) Any exhibits the witness will use to summarize or support his or her opinions. (4) The witness’s qualifications, including a list of all publications authored by the witness in the previous 10 years. (5) A list of all other cases in which the witness testified as an expert at trial or by deposition in the last five years. (6) A statement of the compensation to be paid for the witness’s work and testimony in the comprehensive adjudication. (c) If subdivision (b) does not apply to an expert witness because of a stipulation by the parties or an order of the court, the witness’s disclosure shall include both of the following: (1) The subject matter on which the witness is expected to present evidence. (2) A summary of the witness’s opinions, and the facts or data considered by the witness in forming his or her opinions. (d) Unless otherwise stipulated by the parties, a party shall make the disclosures of any expert witness it intends to present at trial, except for an expert witness presented solely for purposes of impeachment or rebuttal, at the times and in the sequence ordered by the court. If there is no stipulation or court order, the disclosures of an expert witness shall be made as follows: (1) At least 30 days after the court’s entry of an order establishing the scope of the relevant phase of the comprehensive adjudication. (2) Except for a supplemental expert witness described in paragraph (3), at least 60 days before the date set for trial of the relevant phase of the comprehensive adjudication. (3) For a supplemental expert witness who will express an opinion on a subject to be covered by another expert witness designated by an adverse party that was not among the subjects covered by an expert witness initially disclosed by the party offering the supplemental expert witness, no more than 20 days after the initial expert witness disclosure date. (e) The court may modify the disclosure requirements of subdivisions (b) to (d), inclusive, for expert witnesses presented solely for purposes of impeachment or rebuttal. In modifying the disclosure requirements, the court shall adopt disclosure requirements that expedite the court’s consideration of the issues presented and shall ensure that expert testimony presented solely for purposes of impeachment or rebuttal is strictly limited to the scope of the testimony that it intends to impeach or rebut. (f) (1) A party whose expert witness has made a disclosure pursuant to this section shall promptly supplement or correct the expert witness’s disclosure in either of the following instances: (A) In a timely manner if the party learns that in some material respect the disclosure is incomplete or incorrect, if the additional or corrective information has not otherwise been made known to the other parties during the disclosure or discovery process. (B) As ordered by the court. (2) A party’s duty to supplement or correct its expert witness’s disclosure includes the information included in the report and the information given during the expert witness’s deposition. Unless otherwise stipulated by the parties or ordered by the court, any supplementation or correction shall occur at least 14 days before trial of the applicable phase of the comprehensive adjudication. (3) The court may authorize a supplemental deposition of an expert witness based on a supplemental disclosure made pursuant to this subdivision. The court shall appropriately condition the authorization of a supplemental deposition of an expert witness to ensure the expeditious completion of the applicable phase of the comprehensive adjudication. The court may require the party whose expert makes the supplemental disclosure to pay some or all of the costs associated with the supplemental deposition. (g) To the greatest extent possible, the parties shall serve expert witness disclosures electronically through an electronic service system, an electronic document repository, email, or another method of electronic transmission. If it is not possible for the party to serve his or her expert witness disclosures electronically, he or she shall serve the expert witness disclosures in an electronic format saved on a portable storage media device such as a compact disc or flash drive. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  18. 844.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 11. Written Testimony [844- 844.] ( Article 11 added by Stats. 2015, Ch. 672, Sec. 1. )

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    A court in a comprehensive groundwater-rights adjudication may require written witness testimony instead of live testimony, and the court may set related formatting and filing requirements.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 11. Written Testimony [844- 844.] ( Article 11 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 844. (a) A court may require the parties in a comprehensive adjudication to submit written testimony of relevant witnesses in the forms of affidavits or declarations under penalty of perjury in lieu of presenting live testimony. The required written testimony may include, but is not limited to, expert witness opinions and testimony that authenticates documentary evidence. The court may order that the written testimony constitutes the entirety of the witness’s direct testimony, require the written testimony to include any exhibits offered in support of the written testimony, and, in the case of written testimony of an expert witness, require a statement of the witness’s qualifications. (b) If the court requires the submission of written testimony pursuant to subdivision (a), a complete copy of the direct testimony shall be served at least 21 days before trial. A complete copy of any rebuttal testimony shall be served no later than the first day of trial. (c) If the contents of the written testimony would have been admissible if the witness testified orally, the written testimony shall be received by the court as a documentary exhibit if the witness whose written testimony is being offered is made available for cross-examination by all parties. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  19. 845.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 12. Special Master [845 - 846] ( Article 12 added by Stats. 2015, Ch. 672, Sec. 1. )

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    This section lets the court appoint special masters and sets rules for their duties, compensation, and payment. It also requires a technical report from a groundwater sustainability agency in certain groundwater adjudications.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 12. Special Master [845 - 846] ( Article 12 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 845. (a) The court may appoint one or more special masters whose duties may include the following: (1) Investigating technical and legal issues, as directed by the court. The special master shall compile a report of findings in accordance with Section 846. (2) Conducting joint factfinding with the parties, their designees, or both. (3) Investigating the need for, and developing a proposal for, a preliminary injunction pursuant to Article 13 (commencing with Section 847). (4) Performing other tasks the court may deem appropriate. (b) The court shall fix the special master’s compensation on the basis and terms stated in the appointing order, and the court may set a new basis and new terms after giving the parties notice and an opportunity to be heard. The court shall allocate payment of the special master’s compensation among the parties in an amount and a manner that the court deems equitable. The court may waive a party’s obligations to pay the special master’s compensation upon a showing of good cause. (c) The court may request the State Water Resources Control Board or the department to recommend candidates for appointment as a special master or to review the qualifications of candidates. (d) (1) In any adjudication in a basin in which one or more groundwater sustainability agencies have adopted a groundwater sustainability plan that has been approved by the Department of Water Resources, the court shall request that the groundwater sustainability agency provide a technical report, if the agency is able to do so at a reasonable effort and expense. The report shall, at a minimum, quantify and describe the groundwater use of parties that have not otherwise appeared before the court. The groundwater sustainability agency may include in the report, but is not limited to, parties excused or treated separately pursuant to subdivision (d) of Section 833, parties for which the court lacks jurisdiction, and parties that have been, or it is anticipated may be, found in default by the court. The groundwater sustainability agency may provide the report at its own election, and may include areas outside of its jurisdictional boundary if another groundwater sustainability agency in the basin is unable or unwilling to provide a report. (2) A groundwater sustainability agency that provides a report pursuant to paragraph (1) shall not be entitled to a fee for its services, but shall be paid or reimbursed the total expense incurred by the agency, including salaries, wages, traveling expenses, and all costs of whatsoever character are properly chargeable to providing the report. The court shall apportion the total expenses reimbursable to the groundwater sustainability agency for providing the report among the parties in an amount, and in a manner, that the court deems equitable. (3) During the pendency of the report provided pursuant to paragraph (1), upon a noticed motion by a groundwater sustainability agency, and following a hearing by the court after at least 10 days’ notice to the parties, the court may order such interim or partial payments of the expense to be made by the parties. (4) A report provided by a groundwater sustainability agency pursuant to paragraph (1) shall be prima facie evidence of the physical facts found in the report, but the court shall hear evidence that may be offered by any party to rebut the report or the prima facie evidence. (e) This section does not limit the authority of the court to make a reference pursuant to Chapter 1 (commencing with Section 2000) of Part 3 of Division 2 of the Water Code. (f) This section does not limit the authority to appoint a watermaster pursuant to Chapter 3 (commencing with Section 4050) of Part 4 of Division 2 of the Water Code or any other law. (Amended by Stats. 2025, Ch. 643, Sec. 4. (AB 1466) Effective January 1, 2026.)
  20. 846.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 12. Special Master [845 - 846] ( Article 12 added by Stats. 2015, Ch. 672, Sec. 1. )

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    The special master must share a draft report with the parties, allow at least 60 days for written objections, may hold hearings if appropriate, and must consider objections before filing a final report with the court.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 12. Special Master [845 - 846] ( Article 12 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 846. (a) The special master shall make a draft report available to the parties and provide at least 60 days for the parties to submit written objections to the draft report. (b) An objection to the draft report shall identify the specific grounds and evidence on which the objection is based. (c) The special master may notice and hold hearings, as he or she deems appropriate, to gather information or address issues raised in the objections to the draft report. (d) The special master shall consider the objections to the draft report and develop a final report that shall be filed with the court, together with supporting evidence. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  21. 847.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 13. Preliminary Injunction [847- 847.] ( Article 13 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    A court may issue a preliminary injunction in a groundwater basin overdraft case, and must do so if specified conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 13. Preliminary Injunction [847- 847.] ( Article 13 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 847. (a) Upon a showing that the basin is in a condition of long-term overdraft, the court may, upon notice and hearing, issue a preliminary injunction. (b) Bulletins and other reports of the department, and a report of a special master indicating that a condition of long-term overdraft exists in the basin, shall be admissible as evidence of a condition of long-term overdraft. This subdivision does not limit the admissibility of other relevant evidence. (c) The preliminary injunction may include any of the following terms: (1) A moratorium on new or increased appropriations of water. (2) A limitation on, or reduction in, the diversion or extraction of water. (3) An allocation among the parties establishing amounts of extraction allowed during the pendency of the comprehensive adjudication. (4) Procedures for voluntary transfers. (d) The court shall issue a preliminary injunction upon determining all of the following: (1) The basin is in a condition of long-term overdraft. (2) The basin has been designated as a probationary basin or the planning deadlines in subdivision (a) of Section 10720.7 of the Water Code are not being complied with. (3) There is no interim plan in effect under Section 10735.8 of the Water Code. (e) The court may provide a schedule for further reductions in extractions over a period of years if it finds that doing so appears reasonably necessary to achieve groundwater sustainability within the timelines provided in subdivision (b) of Section 10727.2 of the Water Code. (f) The terms of a preliminary injunction shall not determine the rights in a final judgment of the comprehensive adjudication. (g) A bond or undertaking shall not be required for the issuance of a preliminary injunction pursuant to this section. (h) The court may appoint a watermaster to oversee enforcement of the preliminary injunction. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  22. 848.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 14. Stay [848- 848.] ( Article 14 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    A court may pause a comprehensive groundwater adjudication for up to one year, and parties must report progress before any renewal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 14. Stay [848- 848.] ( Article 14 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 848. (a) Upon the court’s own motion or the motion of any party to a comprehensive adjudication, a court may stay a comprehensive adjudication for a period of up to one year, subject to renewal in the court’s discretion upon a showing of good cause, in order to facilitate any of the following: (1) Adoption of a groundwater sustainability plan that provides for a physical solution or otherwise addresses issues in the comprehensive adjudication. (2) The development of technical studies that may be useful to the parties in the comprehensive adjudication. (3) Voluntary mediation or participation in a settlement conference on all, or a portion of, the subject matters or legal questions identified in the comprehensive adjudication. (4) Compromise and settlement of the comprehensive adjudication or issues in the comprehensive adjudication. (b) Before renewing a stay granted pursuant to subdivision (a), the parties shall report on the progress being made on the issues that were identified as the reasons for the stay. (c) A stay pursuant to this section shall not stay, or otherwise delay, the parties’ obligations to provide initial disclosures pursuant to Section 842 unless the court determines the initial disclosures will not benefit resolution of the comprehensive adjudication. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  23. 849.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 15. Physical Solution [849- 849.] ( Article 15 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    The court may impose a physical solution in a comprehensive groundwater adjudication when necessary and constitutionally consistent, and it must consider any existing groundwater sustainability plan or program first.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 15. Physical Solution [849- 849.] ( Article 15 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 849. (a) The court shall have the authority and the duty to impose a physical solution on the parties in a comprehensive adjudication where necessary and consistent with Article 2 of Section X of the California Constitution. (b) Before adopting a physical solution, the court shall consider any existing groundwater sustainability plan or program. (Added by Stats. 2015, Ch. 672, Sec. 1. (AB 1390) Effective January 1, 2016.)
  24. 85.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

    Verify source ↗

    An action or special proceeding is treated as a limited civil case only if it meets all listed conditions, including a $35,000 amount-in-controversy limit and qualifying relief.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 85. Notwithstanding any law, including, but not limited to, a law that classified an action or special proceeding as a limited civil case, an action or special proceeding shall be treated as a limited civil case only if all of the following conditions are satisfied: (a) The amount in controversy does not exceed thirty-five thousand dollars ($35,000). As used in this section, “amount in controversy” means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the lien, that is in controversy in the action, exclusive of attorneys’ fees, interest, and costs. (b) The relief sought is a type that may be granted in a limited civil case. (c) The relief sought, whether in the complaint, a cross-complaint, or otherwise, is exclusively of a type described in one or more laws that classify an action or special proceeding as a limited civil case or that provide that an action or special proceeding is within the original jurisdiction of the superior court, including, but not limited to, the following provisions: (1) Section 798.61 or 798.88 of the Civil Code. (2) Section 1719 of the Civil Code. (3) Section 3342.5 of the Civil Code. (4) Section 86. (5) Section 86.1. (6) Section 1710.20. (7) Section 7581 of the Food and Agricultural Code. (8) Section 12647 of the Food and Agricultural Code. (9) Section 27601 of the Food and Agricultural Code. (10) Section 31503 of the Food and Agricultural Code. (11) Section 31621 of the Food and Agricultural Code. (12) Section 52514 of the Food and Agricultural Code. (13) Section 53564 of the Food and Agricultural Code. (14) Section 53069.4 of the Government Code. (15) Section 53075.6 of the Government Code. (16) Section 53075.61 of the Government Code. (17) Section 5411.5 of the Public Utilities Code. (18) Section 9872.1 of the Vehicle Code. (19) Section 10751 of the Vehicle Code. (20) Section 14607.6 of the Vehicle Code. (21) Section 40230 of the Vehicle Code. (22) Section 40256 of the Vehicle Code. (Amended by Stats. 2023, Ch. 861, Sec. 2. (SB 71) Effective January 1, 2024.)
  25. 850.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 16. Judgment [850- 850.] ( Article 16 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    The court may enter certain groundwater adjudication judgments only if specific fairness, consistency, and sustainability findings are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 16. Judgment [850- 850.] ( Article 16 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 850. (a) The court may enter a judgment in a comprehensive adjudication if the court finds that the judgment meets all of the following criteria: (1) It is consistent with Section 2 of Article X of the California Constitution. (2) It is consistent with the water right priorities of all nonstipulating parties and any persons who have claims that are exempted pursuant to Section 833 in the basin. (3) It treats all objecting parties and any persons who have claims that are exempted pursuant to Section 833 equitably as compared to the stipulating parties. (4) It considers the water use of and accessibility of water for small farmers and disadvantaged communities. This consideration shall be consistent with the conditions identified in this subdivision. (b) The court may enter judgment in an adjudication action for a basin required to have a groundwater sustainability plan under the Sustainable Groundwater Management Act (Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code), if in addition to the criteria enumerated in subdivision (a), the court also finds that the judgment will not substantially impair the ability of a groundwater sustainability agency, the State Water Resources Control Board, or the department to comply with the Sustainable Groundwater Management Act and to achieve sustainable groundwater management. (c) (1) In order to assist the court in making the findings required by this section, the court may refer the matter to the State Water Resources Control Board for investigation and report pursuant to Section 2001 of the Water Code. A party may request that the court refer the matter to the State Water Resources Control Board pursuant to this subdivision. (2) Notwithstanding any inconsistencies with Article 2 (commencing with Section 2010) of Chapter 1 of Part 3 of Division 2 of the Water Code, for a reference undertaken by the State Water Resources Control Board under paragraph (1), the State Water Resources Control Board and Department of Water Resources shall jointly investigate and submit the report under paragraph (1). (d) If a party or group of parties submits a proposed stipulated judgment that is supported by more than 50 percent of all parties who are groundwater extractors in the basin or use the basin for groundwater storage and is supported by groundwater extractors responsible for at least 75 percent of the groundwater extracted in the basin during the five calendar years before the filing of the complaint, the court may adopt the proposed stipulated judgment, as applied to the stipulating parties, if the proposed stipulated judgment meets the criteria described in subdivision (a). A party objecting to a proposed stipulated judgment shall demonstrate, by a preponderance of evidence, that the proposed stipulated judgment does not satisfy one or more criteria described in subdivision (a) or that it substantially violates the water rights of the objecting party. If the objecting party is unable to make this showing, the court may impose the proposed stipulated judgment on the objecting party. An objecting party may be subject to a preliminary injunction issued pursuant to Section 847 while their objections are being resolved. (e) For purposes of this section the following definitions apply: (1) “Disadvantaged communities” means communities identified by the California Environmental Protection Agency as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code. (2) “Small farmers” means farmers with between ten thousand dollars ($10,000) and four hundred thousand dollars ($400,000) in gross farm sales, as referenced in the Department of Food and Agriculture’s California Underserved and Small Producers Program. (Amended by Stats. 2023, Ch. 665, Sec. 3. (AB 779) Effective January 1, 2024.)
  26. 851.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 17. Judgment Binding on Successors [851- 851.] ( Article 17 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    A judgment in a comprehensive groundwater adjudication is binding on the parties, their successors, and certain landowners or others claiming groundwater extraction rights who were covered by notice and whose claims were not exempted.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 17. Judgment Binding on Successors [851- 851.] ( Article 17 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 851. The judgment in a comprehensive adjudication conducted pursuant to this chapter shall be binding on the parties to the comprehensive adjudication and all their successors in interest, including, but not limited to, heirs, executors, administrators, assigns, lessees, licensees, the agents and employees of the parties to the comprehensive adjudication and all their successors in interest, and all landowners or other persons claiming rights to extract groundwater from the basin whose claims have not been exempted and are covered by the notice provided in the comprehensive adjudication. (Amended (as added by Stats. 2015, Ch. 672, Sec. 1) by Stats. 2016, Ch. 86, Sec. 31. (SB 1171) Effective January 1, 2017.)
  27. 852.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 18. Continuing Jurisdiction [852- 852.] ( Article 18 added by Stats. 2015, Ch. 672, Sec. 1. )

    Verify source ↗

    The court has continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication under stated conditions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 7. Actions Relating to Groundwater Rights [830 - 852] ( Chapter 7 added by Stats. 2015, Ch. 672, Sec. 1. ) ## ARTICLE 18. Continuing Jurisdiction [852- 852.] ( Article 18 added by Stats. 2015, Ch. 672, Sec. 1. ) ## 852. The court shall have continuing jurisdiction to modify or amend a final judgment in a comprehensive adjudication in response to new information, changed circumstances, the interests of justice, or to ensure that the criteria of subdivision (a) of Section 850 are met. If feasible, the judge who heard the original comprehensive adjudication shall preside over actions or motions to modify or amend the final judgment. (Amended (as added by Stats. 2015, Ch. 672, Sec. 1) by Stats. 2016, Ch. 86, Sec. 33. (SB 1171) Effective January 1, 2017.)
  28. 853.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    If a mine coowner fails to pay their share of assessed taxes for five years, a coowner who paid that share may serve notice on the delinquent coowner.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 853. Upon the failure of a coowner of a mine or mining claim to contribute his proportionate share of the taxes that have been levied and assessed upon the mine or mining claim for the period of five years, a coowner who has paid that share may, at the expiration of the five years, serve upon the delinquent coowner notice thereof. (Added by renumbering Section 850 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 29. (SB 1171) Effective January 1, 2017.)
  29. 854.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

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    A notice must be served as a summons in a civil action; if service is by publication, it must appear in a proper newspaper once a week for 90 days.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 854. The notice shall be served in the manner provided by law for the service of a summons in a civil action, but where service is by publication, the publication shall be in a newspaper of general circulation published in the county in which the mine or mining claim is situated or if there is no such newspaper, in such a newspaper in an adjoining county, and the publication shall be at least once a week for 90 days. (Added by renumbering Section 851 (as amended by Stats. 1969, Ch. 1611) by Stats. 2016, Ch. 86, Sec. 32. (SB 1171) Effective January 1, 2017.)
  30. 855.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    A contributing coowner may file a verified petition in superior court if the delinquent does not pay the tax share within 90 days after service.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 855. If before the expiration of 90 days from the service the delinquent fails or refuses to contribute his proportionate share of the taxes, the coowner contributing such share may file in the superior court of the county in which the mine or mining claim is situated a verified petition setting forth the facts and particularly describing the mine or mining claim. (Added by renumbering Section 852 (as added by Stats. 1953, Ch. 52) by Stats. 2016, Ch. 86, Sec. 34. (SB 1171) Effective January 1, 2017.)
  31. 856.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    If a mine or mining claim is in more than one county, the petition may be filed in the superior court of either county.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 856. If the mine or mining claim is situated in more than one county, the petition may be filed in the superior court of either county. (Added by renumbering Section 853 by Stats. 2016, Ch. 86, Sec. 35. (SB 1171) Effective January 1, 2017.)
  32. 857.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    The clerk must set the petition for hearing and post notice of the hearing at the county courthouse at least 10 days before the hearing. The court may order additional notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 857. The clerk shall set the petition for hearing by the court and give notice of the hearing by causing a notice of the time and place of the hearing to be posted at the county courthouse at least 10 days before the hearing. The court may order such further notice as it deems proper. (Added by renumbering Section 854 by Stats. 2016, Ch. 86, Sec. 36. (SB 1171) Effective January 1, 2017.)
  33. 858.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    The court must hear evidence on the petition and may order judgment vesting the delinquent coowner’s interest in the mine or mining claim in the petitioner.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 858. The court shall hear evidence for or against the petition and may order judgment on the petition vesting the interest of the delinquent in the mine or mining claim in the petitioner. (Added by renumbering Section 855 by Stats. 2016, Ch. 86, Sec. 37. (SB 1171) Effective January 1, 2017.)
  34. 859.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. )

    Verify source ↗

    A certified copy of the decree may be recorded in the county recorder’s office for each county where part of the mine or mining claim is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 8. Actions Against Coowners of Mines [853 - 859] ( Heading of Chapter 8 amended by Stats. 2016, Ch. 86, Sec. 30. ) ## 859. A certified copy of the decree may be recorded in the office of the recorder of each county in which any part of the mine or mining claim is situated. (Added by renumbering Section 856 by Stats. 2016, Ch. 86, Sec. 38. (SB 1171) Effective January 1, 2017.)
  35. 86.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

    Verify source ↗

    Section 86 classifies specified civil cases and proceedings as limited civil cases, mainly when the amount in controversy is $35,000 or less, subject to listed exceptions.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 86. (a) The following civil cases and proceedings are limited civil cases: (1) A case at law if the demand, exclusive of interest, or the value of the property in controversy amounts to thirty-five thousand dollars ($35,000) or less. This paragraph does not apply to a case that involves the legality of any tax, impost, assessment, toll, or municipal fine, except an action to enforce payment of delinquent unsecured personal property taxes if the legality of the tax is not contested by the defendant. (2) An action for dissolution of partnership if the total assets of the partnership do not exceed thirty-five thousand dollars ($35,000) or an action of interpleader if the amount of money or the value of the property involved does not exceed thirty-five thousand dollars ($35,000). (3) An action to cancel or rescind a contract if the relief is sought in connection with an action to recover money not exceeding thirty-five thousand dollars ($35,000) or property of a value not exceeding thirty-five thousand dollars ($35,000), paid or delivered under, or in consideration of, the contract; an action to revise a contract where the relief is sought in an action upon the contract if the action otherwise is a limited civil case. (4) A proceeding in forcible entry or forcible or unlawful detainer if the whole amount of damages claimed is thirty-five thousand dollars ($35,000) or less. (5) An action to enforce and foreclose a lien on personal property if the amount of the lien is thirty-five thousand dollars ($35,000) or less. (6) An action to enforce and foreclose, or a petition to release, a lien arising under Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, or to enforce and foreclose an assessment lien on a common interest development as defined in Section 4100 or 6534 of the Civil Code, if the amount of the liens is thirty-five thousand dollars ($35,000) or less. However, if an action to enforce the lien affects property that is also affected by a similar pending action that is not a limited civil case, or if the total amount of liens sought to be foreclosed against the same property aggregates an amount in excess of thirty-five thousand dollars ($35,000), the action is not a limited civil case. (7) An action for declaratory relief if brought pursuant to either of the following: (A) By way of cross-complaint as to a right of indemnity with respect to the relief demanded in the complaint or a cross-complaint in an action or proceeding that is otherwise a limited civil case. (B) To conduct a trial after a nonbinding fee arbitration between an attorney and client, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the amount in controversy is thirty-five thousand dollars ($35,000) or less. (8) An action to issue a temporary restraining order or preliminary injunction; to take an account, if necessary to preserve the property or rights of any party to a limited civil case; to make any order or perform any act, pursuant to Title 9 (commencing with Section 680.010) of Part 2 (enforcement of judgments) in a limited civil case; to appoint a receiver pursuant to Section 564 in a limited civil case; or to determine title to personal property seized in a limited civil case. (9) An action under Article 3 (commencing with Section 708.210) of Chapter 6 of Division 2 of Title 9 of Part 2 for the recovery of an interest in personal property or to enforce the liability of the debtor of a judgment debtor if the interest claimed adversely is of a value not exceeding thirty-five thousand dollars ($35,000) or the debt denied does not exceed thirty-five thousand dollars ($35,000). (10) An arbitration-related petition filed pursuant to either of the following: (A) Article 2 (commencing with Section 1292) of Chapter 5 of Title 9 of Part 3, except for uninsured motorist arbitration proceedings in accordance with Section 11580.2 of the Insurance Code, if the petition is filed before the arbitration award becomes final and the matter to be resolved by arbitration is a limited civil case under paragraphs (1) to (9), inclusive, of subdivision (a) or if the petition is filed after the arbitration award becomes final and the amount of the award and all other rulings, pronouncements, and decisions made in the award are within paragraphs (1) to (9), inclusive, of subdivision (a). (B) To confirm, correct, or vacate a fee arbitration award between an attorney and client that is binding or has become binding, pursuant to Article 13 (commencing with Section 6200) of Chapter 4 of Division 3 of the Business and Professions Code, if the arbitration award is thirty-five thousand dollars ($35,000) or less. (b) The following cases in equity are limited civil cases: (1) A case to try title to personal property when the amount involved is not more than thirty-five thousand dollars ($35,000). (2) A case when equity is pleaded as a defensive matter in any case that is otherwise a limited civil case. (3) A case to vacate a judgment or order of the court obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect. (Amended by Stats. 2023, Ch. 861, Sec. 3. (SB 71) Effective January 1, 2024.)
  36. 86.1.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

    Verify source ↗

    An action under the Long-Term Care, Health, Safety, and Security Act of 1973 is a limited civil case if civil penalties are not sought or are $35,000 or less.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 86.1. An action brought pursuant to the Long-Term Care, Health, Safety, and Security Act of 1973 (Chapter 2.4 (commencing with Section 1417) of Division 2 of the Health and Safety Code) is a limited civil case if civil penalties are not sought or amount to thirty-five thousand dollars ($35,000) or less. (Amended by Stats. 2023, Ch. 861, Sec. 4. (SB 71) Effective January 1, 2024.)
  37. 860.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    A public agency may file a superior court action to determine the validity of a matter authorized under this chapter, but only when that matter exists and for 60 days afterward.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 860. A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior court of the county in which the principal office of the public agency is located to determine the validity of such matter. The action shall be in the nature of a proceeding in rem. (Added by Stats. 1961, Ch. 1479.)
  38. 861.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    The agency must give notice of the proceeding by mail or other court-ordered means before publication is completed, as far as the court finds reasonably practicable.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 861. Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general circulation designated by the court, published in the county where the action is pending and whenever possible within the boundaries of the public agency, and in such other counties as may be ordered by the court, and if there be no such newspaper in any such county or counties then in some adjoining county. In addition, prior to completion of such publication, the agency shall, to the extent which the court finds reasonably practicable, give notice of the pendency of the proceeding by mail or other means ordered by the court. (Added by Stats. 1961, Ch. 1479.)
  39. 861.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    This section requires a summons in a validating proceeding to be addressed to interested persons, tell them they may contest the matter, include a detailed summary, and state that challengers will not face punitive action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 861.1. The summons shall be directed to “all persons interested in the matter of [specifying the matter],” and shall contain a notice to all persons interested in the matter that they may contest the legality or validity of the matter by appearing and filing a written answer to the complaint not later than the date specified in the summons, which date shall be 10 or more days after the completion of publication of the summons. The summons shall provide a detailed summary of the matter the public agency or other person seeks to validate. The summons shall also state that persons who contest the legality or validity of the matter will not be subject to punitive action, such as wage garnishment or seizure of their real or personal property. Except as otherwise specified in this section the summons shall be in the form prescribed in Section 412.20. (Amended by Stats. 1998, Ch. 529, Sec. 1. Effective January 1, 1999.)
  40. 862.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    Jurisdiction becomes complete after the date stated in the summons, and any interested party may appear and contest the matter’s legality or validity by that date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 862. Jurisdiction shall be complete after the date specified in the summons. Any party interested may, not later than the date specified in the summons, appear and contest the legality or validity of the matter sought to be determined. (Amended by Stats. 1965, Ch. 894.)
  41. 863.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    If the public agency has not already started proceedings, an interested person may bring an action. The public agency must be named and served, and the interested person must complete required publication, notice, and filing within 60 days or the case may be dismissed unless good cause is shown.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 863. If no proceedings have been brought by the public agency pursuant to this chapter, any interested person may bring an action within the time and in the court specified by Section 860 to determine the validity of such matter. The public agency shall be a defendant and shall be served with the summons and complaint in the action in the manner provided by law for the service of a summons in a civil action. In any such action the summons shall be in the form prescribed in Section 861.1 except that in addition to being directed to “all persons interested in the matter of [specifying the matter],” it shall also be directed to the public agency. If the interested person bringing such action fails to complete the publication and such other notice as may be prescribed by the court in accordance with Section 861 and to file proof thereof in the action within 60 days from the filing of his complaint, the action shall be forthwith dismissed on the motion of the public agency unless good cause for such failure is shown by the interested person. (Amended by Stats. 1969, Ch. 1611.)
  42. 864.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    This section says certain public-finance instruments are treated as existing once they are authorized, and specifies when bonds, warrants, and contracts are deemed authorized.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 864. For purposes of this chapter, bonds, warrants, contracts, obligations, and evidences of indebtedness shall be deemed to be in existence upon their authorization. Bonds and warrants shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance authorizing their issuance, and contracts shall be deemed authorized as of the date of adoption by the governing body of the public agency of a resolution or ordinance approving the contract and authorizing its execution. (Added by Stats. 1961, Ch. 1479.)
  43. 865.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    If multiple actions are pending about similar contests covered by this chapter, they must be consolidated for trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 865. If more than one action is pending concerning similar contests which may be brought under this chapter, they shall be consolidated for trial. (Added by Stats. 1961, Ch. 1479.)
  44. 866.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    The court must disregard errors, irregularities, or omissions that do not affect the parties’ substantial rights.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 866. The court hearing the action shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties. (Added by Stats. 1961, Ch. 1479.)
  45. 867.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    Cases brought under this chapter must be prioritized over other civil actions for hearing or trial.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 867. Actions brought pursuant to this chapter shall be given preference over all other civil actions before the court in the matter of setting the same for hearing or trial, and in hearing the same, to the end that such actions shall be speedily heard and determined. (Added by Stats. 1961, Ch. 1479.)
  46. 867.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    If a public agency files and then dismisses a validation action after an answer is filed, the answering party may file a new action within 30 days, unless the agency formally rescinds the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 867.5. (a) In the event that an action is brought by a public agency pursuant to this chapter, and that public agency later dismisses the action after any party has answered, then, notwithstanding Section 863, the party that answered may file an action pursuant to this chapter within 30 days after the public agency’s dismissal was filed by the court. (b) Subdivision (a) is not applicable to a case in which a public agency has by formal act rescinded the action on the matter subject to validation. (Added by Stats. 2000, Ch. 723, Sec. 2. Effective January 1, 2001.)
  47. 868.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    In proceedings under this chapter, the court may allocate costs between the parties or tax them to the losing party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 868. The costs of any proceeding or action pursuant to this chapter may be allowed and apportioned between the parties or taxed to the losing party in the discretion of the court. (Added by Stats. 1961, Ch. 1479.)
  48. 869.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    Public agencies and their officers or agents may contest matters under this chapter only as the section allows, and they may also use mandamus or another remedy.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 869. No contest except by the public agency or its officer or agent of any thing or matter under this chapter shall be made other than within the time and the manner herein specified. The availability to any public agency, including any local agency, or to its officers or agents, of the remedy provided by this chapter, shall not be construed to preclude the use by such public agency or its officers or agents, of mandamus or any other remedy to determine the validity of any thing or matter. (Amended by Stats. 1963, Ch. 1865.)
  49. 87.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

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    A limited civil case may be brought in small claims court if that court otherwise has jurisdiction.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 87. (a) A limited civil case may be brought in the small claims division if the case is within the jurisdiction of the small claims division as otherwise provided by statute. Where a statute or rule applicable to a small claims case conflicts with a statute or rule applicable to a limited civil case, the statute or rule applicable to a small claims case governs the small claims case and the statute or rule applicable to a limited civil case does not. (b) Nothing in this section affects the jurisdiction of the small claims division as otherwise provided by statute. (Added by Stats. 1999, Ch. 344, Sec. 3. Effective September 7, 1999.)
  50. 870.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    A judgment under this chapter becomes binding and conclusive, and it bars people from starting new actions or proceedings over issues the judgment covers.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 870. (a) The judgment, if no appeal is taken, or if taken and the judgment is affirmed, shall, notwithstanding any other provision of law including, without limitation, Sections 473 and 473.5, thereupon become and thereafter be forever binding and conclusive, as to all matters therein adjudicated or which at that time could have been adjudicated, against the agency and against all other persons, and the judgment shall permanently enjoin the institution by any person of any action or proceeding raising any issue as to which the judgment is binding and conclusive. (b) Notwithstanding any other provision of law including, without limitation, Section 901 and any rule of court, no appeal shall be allowed from any judgment entered pursuant to this chapter unless a notice of appeal is filed within 30 days after the notice of entry of the judgment, or, within 30 days after the entry of the judgment if there is no answering party. If there is no answering party, only issues related to the jurisdiction of the court to enter a judgment in the action pursuant to this chapter may be raised on appeal. (Amended by Stats. 1994, Ch. 242, Sec. 1. Effective July 21, 1994.)
  51. 870.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. )

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    A local public agency that uses pledged tax revenues for bond or other security payments must give written notice to the tax-imposing public agency when it files a related validation action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 9. Validating Proceedings [860 - 870.5] ( Chapter 9 added by Stats. 1961, Ch. 1479. ) ## 870.5. Any local public agency that pledges sales or retail transaction and use tax revenues received from taxes imposed by another public agency for bond payments or payment of other security obligations shall, in any validation action it files involving those bonds or other obligations, provide written notice thereof to the public agency imposing the taxes pledged as security for the bonds or other obligations at the time it files the validation action. (Added by Stats. 1998, Ch. 360, Sec. 1. Effective January 1, 1999.)
  52. 871.1.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    This section defines “good faith improver” for the chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.1. as used in this chapter, “good faith improver” means: (a) A person who makes an improvement to land in good faith and under the erroneous belief, because of a mistake of law or fact, that he is the owner of the land. (b) A successor in interest of a person described in subdivision (a). (Added by Stats. 1968, Ch. 150.)
  53. 871.10.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 11. Actions to Recover COVID-19 Rental Debt [871.10 - 871.12] ( Chapter 11 added by Stats. 2021, Ch. 2, Sec. 10. )

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    In COVID-19 rental debt cases, the plaintiff must attach proof of good-faith efforts to pursue rental assistance, and the court may reduce damages if the landlord refused to seek available state assistance and the tenant was eligible. The section also delays or bars certain cases from proceeding before specified dates, with exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 11. Actions to Recover COVID-19 Rental Debt [871.10 - 871.12] ( Chapter 11 added by Stats. 2021, Ch. 2, Sec. 10. ) ## 871.10. (a) In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code. (b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available. (c) An action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section shall not be commenced before November 1, 2021. (d) Subdivisions (a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in Section 1179.02, that was pending before the court as of January 29, 2021. (e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021. (f) This section shall not apply to any unlawful detainer action to recover possession pursuant to Section 1161. (g) (1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed. (2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year. (Amended by Stats. 2021, Ch. 27, Sec. 8. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, pursuant to Section 871.12.)
  54. 871.12.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 11. Actions to Recover COVID-19 Rental Debt [871.10 - 871.12] ( Chapter 11 added by Stats. 2021, Ch. 2, Sec. 10. )

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    This chapter stays in effect until October 1, 2027, and is repealed as of that date.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 11. Actions to Recover COVID-19 Rental Debt [871.10 - 871.12] ( Chapter 11 added by Stats. 2021, Ch. 2, Sec. 10. ) ## 871.12. This chapter shall remain in effect until October 1, 2027, and as of the date is repealed. (Amended by Stats. 2021, Ch. 27, Sec. 10. (AB 832) Effective June 28, 2021. Repealed as of October 1, 2027, by its own provisions. Note: Repeal affects Ch. 11, commencing with Section 871.10.)
  55. 871.2.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    For this chapter, “person” includes an unincorporated association.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.2. As used in this chapter, “person” includes an unincorporated association. (Amended by Stats. 1971, Ch. 244.)
  56. 871.20.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    This chapter applies to certain motor-vehicle restitution, replacement, and civil-penalty actions against a manufacturer that has elected to proceed under it.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.20. (a) Notwithstanding any other law, this chapter applies to an action, brought against a manufacturer who has elected under Section 871.29 to proceed under this chapter, seeking restitution or replacement of a motor vehicle pursuant to subdivision (b) or (d) of Section 1793.2, Section 1793.22, or Section 1794 of the Civil Code, or for civil penalties pursuant to subdivision (c) of Section 1794 of the Civil Code, where the request for restitution or replacement is based on noncompliance with the applicable express warranty. (b) This chapter does not apply to service contract claims under Section 1794 of the Civil Code or any action seeking remedies that are not restitution or replacement of a motor vehicle. (Amended by Stats. 2025, Ch. 1, Sec. 2. (SB 26) Effective April 2, 2025.)
  57. 871.21.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    A covered motor vehicle restitution action must be filed within one year after the express warranty expires, and in any event no later than six years after the vehicle was originally delivered.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.21. (a) An action covered by Section 871.20 shall be commenced within one year after the expiration of the applicable express warranty. (b) Notwithstanding subdivision (a), an action covered by Section 871.20 shall not be brought later than six years after the date of original delivery of the motor vehicle. (c) The time periods prescribed in subdivisions (a) and (b) shall be tolled as follows: (1) As provided by tolling requirements prescribed in subdivision (c) of Section 1793.22 of the Civil Code, as applicable. (2) For the time the motor vehicle is out of service by reason of repair for any nonconformity. (3) For the time period after a pre-suit notice is provided to the manufacturer in accordance with Section 871.24, which time period shall not exceed 60 days. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  58. 871.22.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    This section defines terms used in the chapter on restitution or replacement of certain motor vehicles.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.22. For purposes of this chapter, the following definitions apply: (a) “Applicable express warranty” means the written warranty provided by the manufacturer at the time of delivery of the subject motor vehicle, which provides coverage for the specific nonconformity at issue in the action, subject to the terms and exclusions of that warranty. (b) “Distributor” means any individual, partnership, corporation, association, or other legal relationship that stands between the manufacturer and the retail seller in purchases, consignments, or contracts for sale of consumer goods or motor vehicles. (c) “Manufacturer” means any individual, partnership, corporation, association, or other legal relationship that manufactures, assembles, or produces consumer goods or motor vehicles. (d) “Motor vehicle” includes any of the following: (1) A motor home, as defined in paragraph (3) of subdivision (e) of Section 1793.22 of the Civil Code. (2) A new motor vehicle, as defined in paragraph (2) of subdivision (e) of Section 1793.22 of the Civil Code. (3) A travel trailer. (e) “Travel trailer” means a vehicular unit without motive power that is designed to be towed or carried by a motor vehicle. “Travel trailer” does not include a mobilehome. (f) “Warrantor” means any entity or person who gives or offers to give a written warranty or who is or may be obligated under an implied warranty. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  59. 871.23.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    For this chapter, references to a manufacturer also include a distributor or warrantor.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.23. For purposes of this chapter, any reference to a manufacturer also applies to a distributor or warrantor. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  60. 871.24.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    Before seeking civil penalties, the consumer must give the manufacturer written notice and a demand to repurchase or replace the vehicle, then follow the section’s timing and possession rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.24. (a) At least 30 days prior to the commencement of an action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code, the consumer shall do all of the following: (1) Notify the manufacturer of the consumer’s name, the accurate Vehicle Identification Number (“VIN”) of the motor vehicle, and a brief summary of the repair history and problems with the motor vehicle. (2) Demand that the manufacturer repurchase or replace the motor vehicle. (b) Minor deviations in the notice submitted pursuant to subdivision (a) shall not disqualify consumers from seeking civil penalties. (c) At the time that the notice submitted pursuant to subdivision (a) is sent, the consumer shall have possession of the motor vehicle. (d) The notice required by subdivision (a) shall be in writing and shall be sent either by email to the email address prominently displayed on the manufacturer’s website for this purpose or by certified or registered mail, return receipt requested, to the address provided by the manufacturer in the owner’s manual or warranty booklet. The notice information on the manufacturer’s website, owner’s manual, and warranty booklet shall be provided in both English and Spanish. (e) (1) A request for or action seeking civil penalties under subdivision (c) of Section 1794 of the Civil Code shall not be allowed or maintained if both of the following conditions are present: (A) Within 30 days after receipt of the notice, the manufacturer makes an offer of restitution or replacement of the motor vehicle for the amount provided by subdivision (d) of Section 1793.2 of the Civil Code and Section 871.27, plus reasonable attorney’s fees and costs, if the consumer is represented by an attorney. (B) The motor vehicle replacement or restitution is completed within 60 days from the date of receipt of the original notice. (2) The consumer shall comply in good faith with reasonable requests from the manufacturer for documentation required to complete the requested restitution or replacement of the motor vehicle. (f) A prelitigation dispute as to attorney’s fees and costs shall be resolved by neutral, binding arbitration. A dispute as to the amount of attorney’s fees and costs shall not, by itself, be a sufficient basis to show that the manufacturer’s offer is out of compliance with this section. (g) The consumer shall maintain possession of the motor vehicle for at least 30 days after the manufacturer’s receipt of written notice seeking restitution or replacement. (1) If the manufacturer does not offer restitution or replacement of the motor vehicle within 30 days of receiving the consumer’s notice, the consumer shall be permitted to sell their motor vehicle and seek remedies, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code. (2) If the manufacturer offers restitution or replacement of the motor vehicle, the consumer shall maintain possession of the motor vehicle for the full 60 days after the manufacturer’s receipt of the consumer’s notice. (h) An action seeking restitution or replacement under Section 871.20 may be commenced without compliance with subdivision (a). In that event, the consumer shall have possession of the motor vehicle at the time of the filing of the complaint, and shall not seek civil penalties, whether by amendment of the complaint or otherwise. If, however, notice is provided pursuant to subdivision (a) and the manufacturer fails to comply with their obligations under subdivision (e), the consumer may commence an action for restitution or replacement, including, but not limited to, civil penalties under subdivision (c) of Section 1794 of the Civil Code. (i) If a consumer sells their vehicle as authorized by subdivision (g), the consumer may not seek civil penalties under subdivision (c) of Section 1794 of the Civil Code unless the consumer provided to the prospective buyer or recipient of the vehicle, prior to the sale, written notice of the basis for the consumer’s request for restitution or replacement from the manufacturer and of any pending action described in subdivision (a) of Section 871.20. (j) A consumer shall act in good faith in order to comply with this section. (k) This section shall become operative on July 1, 2025. (Amended by Stats. 2025, Ch. 1, Sec. 3. (SB 26) Effective April 2, 2025. Operative July 1, 2025, by its own provisions.)
  61. 871.25.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    A remedy under this chapter cannot be conditioned on any release other than the specified Standardized SBA Release, and the release requires the defendant to make listed payments and the plaintiff to transfer the vehicle documents and later seek dismissal.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.25. A remedy in compliance with this chapter shall not be contingent on the execution of any release other than the following Standardized SBA Release: Standardized SBA Release Release as it relates to settlements: The parties have previously agreed to settle the case as follows and hereby memorialize all terms of their settlement as follows: 1. Within 60 days from the date of receipt of the notice requesting restitution or replacement of the Subject Vehicle [Vehicle Year/Make/Model and VIN] (hereinafter “Subject Vehicle”), [Manufacturer] (hereinafter “Defendant”) will make the following payments: a. Defendant shall pay the remaining loan balance or lease balance and residual value on the Subject Vehicle directly to the lienholder [Lender Name] in the amount necessary to relieve Plaintiff of all obligations related to Plaintiff’s purchase or lease of the Subject Vehicle, excluding any late fees or penalties in the amount of [Loan Payoff Amount]. Said payment shall include interest through the date of payoff. This payment shall be expedited to the lienholder following completion of the return of the Subject Vehicle to the manufacturer or its agents. b. Defendant shall pay to [Plaintiff’s Full Name] (hereinafter “Plaintiff”) a total amount of [Restitution Amount] in a check payable to Plaintiff. This payment shall be provided to Plaintiff at the time of the return of the Subject Vehicle to the manufacturer or its agents. In the event Plaintiff makes an additional payment that is not included in the above amount, Defendant shall reimburse Plaintiff for any payments made according to proof, with the exception of any late fees, within 30 days from the date proof of payment is provided to Defendant. c. [If applicable] Defendant shall pay civil penalties in the amount of [Civil Penalties Amount] in a check payable to [Plaintiff, if not represented by counsel, or Name of Law Firm/Attorney, if Plaintiff is represented by counsel]. This payment shall be expedited following completion of the return of the Subject Vehicle to the manufacturer or its agents. d. Defendant shall pay to Plaintiff’s counsel, if Plaintiff was represented by counsel (select one option below): (i) In the event there is an agreement as to attorney’s fees and costs, a check in the amount of [Attorney’s Fees and Costs] payable to [Name of Law Firm/Attorney] shall be provided to Plaintiff’s counsel. This agreed upon payment shall be expedited to the attorney following completion of the return of the Subject Vehicle to the manufacturer or its agents. (ii) In the event the matter is resolved before the filing of a lawsuit and the parties cannot agree as to the amount of attorney’s fees, costs, and expenses, then reasonable attorneys’ fees, costs, and expenses shall be determined by neutral, binding arbitration. (iii) In the event the matter is resolved after the filing of a lawsuit and the parties cannot agree as to the amount of attorney’s fees, costs, and expenses, then reasonable attorneys’ fees, costs, and expenses pursuant to subdivision (d) of Section 1794 of the Civil Code shall be determined by the court by way of a noticed motion. Defendant agrees Plaintiff is the prevailing party for purposes of said fee motion. 2. Before transfer of the settlement funds set forth in Paragraph 1 above, Plaintiff shall execute all documents necessary for the transfer of ownership of the Subject Vehicle to Defendant or its designee. 3. The payments described above are intended as a compromise resolution of [Plaintiff’s Full Name] and [Defendant] with respect to all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle during Plaintiff’s purchase or possession of the Subject Vehicle. In signing this agreement, Plaintiff hereby releases [Defendant] from all claims relating to the purchase, lease, condition, use, or repair of the Subject Vehicle that arose during Plaintiff’s purchase or possession of the Subject Vehicle, including, but not limited to, all claims under Sections 1793.2, 1793.22, and 1794 of the Civil Code. All releases are to take effect once Plaintiff returns the Subject Vehicle to Defendant. 4. [If the case has gone to litigation insert this Paragraph 4] The Parties to this release agree that the court shall retain jurisdiction pursuant to Section 664.6 of the Code of Civil Procedure to enforce its terms. In the event of a breach of this agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in the enforcement of this agreement. Within five business days of all of the above payments clearing, Plaintiff will file a Request for Dismissal with prejudice of [Plaintiff(s) v Defendant(s); Case Number/County] with the court. (signature of Plaintiff)(date) (signature of Defendant)(date) (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  62. 871.26.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    In covered motor-vehicle restitution or replacement cases, the parties must exchange initial disclosures, schedule mediation, and follow limited early-discovery rules, with sanctions for repeated noncompliance.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.26. (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) Within 60 days after the filing of the answer or other responsive pleading, all parties shall, without awaiting a discovery request, provide to all other parties an initial disclosure and documents pursuant to subdivisions (f), (g), and (h). (c) Within 120 days after the filing of the answer or other responsive pleading, all parties have the right to conduct initial depositions, each not to exceed two hours, of the following deponents: (1) The plaintiff. (2) The defendant, and if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. This deposition shall be limited to the topics listed in subdivision (i). (d) Within 90 days after filing of the answer or other responsive pleading, all parties shall schedule a mediation to occur within 150 days after filing of the answer or other responsive pleading with a court-appointed or private mediator. (1) Costs shall be distributed equally, but costs may be recoverable by the plaintiff as part of a settlement or judgment. (2) The plaintiff and a person with settlement authority for the manufacturer shall attend the mediation in person or by remote means. (e) Except as provided in subdivisions (b) and (c), all other discovery shall be stayed until mediation is concluded. If the case is not resolved at the conclusion of mediation, standard discovery procedures prescribed in Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedures shall apply, including an additional deposition of the plaintiff and the defendant and, if the defendant is not a natural person, the person who is most qualified to testify on the defendant’s behalf. (f) The plaintiff shall provide the following documents to all other parties pursuant to the timeline set forth in subdivision (b): (1) Sales or lease agreement. (2) Copy of current registration. (3) Any finance information, account information, including payment history and estimated payoff amount, and any loan modification agreements. (4) Any repair orders, including to third-party repair facilities or the location of where information relating to repair orders may be found. (5) Documents detailing all underlying claimed incidental damages. (6) Information pertaining to the market value of the motor vehicle that is currently in the consumer’s possession. (7) Any written, pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request. (g) The plaintiff shall provide the following information to all other parties pursuant to the timelines set forth in subdivision (b): (1) Mileage of the motor vehicle as of the date of the disclosure described in subdivision (b). (2) Primary driver or drivers of the motor vehicle. (3) If the motor vehicle is primarily used for a business purpose, whether more than five vehicles are registered to the business. (4) Whether the plaintiff is still in possession of the motor vehicle. (5) Address where the motor vehicle is located. (6) Whether the plaintiff is an active or prior member of the Armed Forces. (7) Whether the motor vehicle has been involved in a collision or accidents reported to insurance prior to the nonconformity, and if so, the approximate date of the collision, the name of the insurance company, and any applicable claim number. (8) Whether the motor vehicle has any aftermarket modifications done after purchase of the motor vehicle, and if so, a list of each modification. (9) Dates and mileages for presentations that are not included in the provided repair orders or the location of where the information may be found. (10) Whether the plaintiff has had any pre-suit communications with the manufacturer, including, but not limited to, any restitution or replacement request. (11) Any need for an interpreter for purposes of a deposition. (h) The defendant or manufacturer shall provide the following documents to all other parties pursuant to the timelines prescribed in subdivision (b): (1) Copy of or access to a version of the owner’s manual for a motor vehicle of the same make, model, and year. (2) Any warranties issued in conjunction with the sale of the motor vehicle. (3) Sample brochures published for the motor vehicle. (4) The motor vehicle’s original invoice, if any, to the selling dealer. (5) Sales or lease agreement, if the manufacturer is in possession. (6) Motor vehicle information reports, including build documentation, component information, and delivery details. (7) Entire warranty transaction history for the motor vehicle. (8) Listing of required field actions applicable to the motor vehicle. (9) Published technical service bulletins (”TSBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle. (10) Published information service bulletins (“ISBs”) for the same make, model, and year reasonably related to the nonconformities pertaining to the motor vehicle. (11) Records relating to communications between the manufacturer or dealership and the owner or lessee of the motor vehicle, including those related to repair orders or claims involving the motor vehicle. (12) Warranty policies and procedure manuals. (13) Service manuals reasonably related to the nonconformities pertaining to the motor vehicle. (14) If a pre-suit restitution or replacement request is made, all call recordings of pre-suit communications with the consumer available at the time of service of the complaint. (15) If a pre-suit restitution or replacement request is made, the manufacturer’s written statement of policies and procedures used to evaluate customer requests for restitution or replacement pursuant to “Lemon Law” claims. (16) If a pre-suit restitution or replacement request is made, any nonprivileged, prelitigation evaluation. (17) Any warranty extensions or modifications issued by the manufacturer on the motor vehicle. (i) If the defendant is not a natural person, the initial deposition of the person who is most qualified to testify on the defendant’s behalf shall be limited to the following topics: (1) All warranties that accompanied the plaintiff’s motor vehicle at the time of purchase or lease. (2) Questions relating to the nature and extent of the entire service history, warranty history, and repairs relating to the motor vehicle. (3) Questions relating to recalls applicable to the motor vehicle. (4) Questions relating to a reasonable number of Technical Service Bulletins or Information Service Bulletins reasonably related to the nonconformities pertaining to the motor vehicle. (5) Questions relating to relevant diagnostic procedures consulted and followed while diagnosing the plaintiff’s concerns for the motor vehicle. (6) Questions relating to relevant repair procedures consulted and followed during the repairs for the motor vehicle. (7) Questions relating to relevant communications between the plaintiff and defendant regarding the motor vehicle. (8) Questions relating to relevant communications between the defendant and any dealership or other third parties regarding the motor vehicle. (9) If a pre-suit restitution or replacement request was made, questions relating to why the defendant did not replace the motor vehicle or provide restitution. (10) If a pre-suit restitution or replacement request was made, any nonprivileged evaluation prepared by the manufacturer. (11) If a pre-suit restitution or replacement request was made, the manufacturer’s policies and procedures regarding the restitution or replacement of vehicles in response to a consumer’s request for restitution or replacement under the Song-Beverly Consumer Warranty Act, in effect from the date of the notice of the consumer’s request for restitution or replacement of the vehicle to the present, and any changes thereto. (j) Unless the party failing to comply with this section shows good cause, notwithstanding any other law and in addition to any other sanctions imposed pursuant to this chapter, a court shall impose sanctions as follows: (1) A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the document production requirements as prescribed in subdivision (b). (2) A one-thousand-five-hundred-dollar ($1,500) sanction against the plaintiff’s attorney or two-thousand-five-hundred-dollar ($2,500) sanction against the defense attorney respectively, paid within 15 business days for failure to comply with the provisions relating to depositions as prescribed in subdivision (c). (3) For a plaintiff’s repeated noncompliance with subdivision (b), (c), or (d), a court shall order the case dismissed without prejudice and the plaintiff’s attorney to be responsible for costs awarded to the manufacturer. (4) For a manufacturer’s or defendant’s repeated noncompliance with subdivision (b), (c), or (d), a court shall order that evidentiary sanctions attach precluding the manufacturer or defendant from introducing evidence at trial regarding whether the motor vehicle had a nonconformity that substantially impaired the use, value, or safety of the motor vehicle, or whether the motor vehicle was repaired to match the written warranty after a reasonable number of opportunities to do so. (5) Notwithstanding paragraph (3) of subdivision (o) of Section 6068 of the Business and Professions Code, the court may, in its discretion, require an attorney who is sanctioned pursuant to this subdivision to report the sanction, in writing, to the State Bar of California within 30 days of the imposition of the sanction. (k) This section does not apply to a party who is not represented by counsel. (l) In addition to the requirements prescribed by subdivision (a), this section only applies to a civil action filed on or after January 1, 2025. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  63. 871.27.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    In motor-vehicle restitution or replacement cases under this section, the defendant gets certain offsets, but must follow specific calculation, release, and payment rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.27. (a) This section only applies to a civil action seeking restitution or replacement of a motor vehicle pursuant to Section 871.20. (b) The defendant is entitled to an offset in the calculation of the actual price paid or payable for optional equipment, service contracts, or GAP financing purchased by the plaintiff during the motor vehicle purchase or lease transaction from third parties, except for optional purchases for dealer-supplied equipment or services. (1) Optional equipment and accessories, theft-deterrent devices, surface-protection products, service contracts, extended warranties, debt-cancellation agreements, and guaranteed asset protection (”GAP”) financing supplied by a third party that is not the selling or leasing dealership or an authorized retail facility for the original equipment manufacturer are not recoverable as damages pursuant to this section. (2) Optional equipment and accessories, theft-deterrent devices, surface-protection products, service contracts, extended warranties, debt-cancellation agreements, and GAP financing, if any of the foregoing constitute dealer additions supplied by the selling or leasing dealership or an authorized retail facility for the manufacturer, are recoverable as damages and do not qualify for the offset prescribed by this section. (c) The defendant is entitled to an offset for negative equity incorporated in the transaction from prior vehicles. (d) Noncash credits provided by the manufacturer as a form of down-payment assistance, typically referred to as a manufacturer’s rebate, shall not be included in the calculation of the actual price paid or payable and shall not be used to reduce the amount of any negative equity offset. (e) For leases, damages and civil penalties shall be calculated as follows: (1) Amounts paid or payable by the consumer under an existing agreement to extend a lease term shall be allowable as damages. (2) Amounts paid by the consumer for the residual value shall be allowable as damages. If the consumer has obtained financing to pay the residual value, the defendant shall pay the remaining residual value on the motor vehicle directly to the lienholder in the amount necessary to obtain title. (3) Amounts paid or payable by the consumer to extend a lease term shall be included in civil penalty calculations if paid for or the lease extension is activated by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier. (4) Amounts paid by the consumer for the residual value shall only be included in civil penalty calculations if paid for or financed by the consumer no later than 30 days after delivering pre-suit notice or filing a lawsuit, whichever is earlier. (5) The residual value shall not be included in civil penalty calculations if not paid or financed by the consumer. (f) The defendant shall not be responsible for payment of unpaid interest or unpaid financing costs associated with the retail installment sales contract that will not be owed or paid by the consumer when the lien is paid off. (g) The restitution payment and vehicle return procedures shall comply with all of the following conditions: (1) A remedy in compliance with this section shall not be contingent on the execution of any release other than the Standardized SBA Release provided in Section 871.25. (2) The defendant shall promptly process any agreed-upon motor vehicle restitution or replacement pursuant to this section and complete the restitution or replacement within 30 days from the date of receipt of a signed release from the buyer or lessee’s counsel. The defendant’s failure to do so shall result in a mandatory penalty of fifty dollars ($50) per day until the settlement is completed, unless the parties stipulate otherwise. The consumer shall comply in good faith with requests from the manufacturer for reasonable documentation required to complete the requested restitution or replacement of the motor vehicle. In the event the consumer fails to comply in good faith and delays the restitution or replacement, the manufacturer shall not be subject to the daily fifty-dollar ($50) penalty. (3) The defendant shall provide the consumer with the funds containing their restitution proceeds at the time of the vehicle return. The defendant shall also expedite the funds for the payoff of the vehicle within one business day of the vehicle return. The defendant shall expedite the funds for attorney’s fees, and if applicable, civil penalties to counsel for the consumer within one business day of the vehicle return. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  64. 871.28.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    This section says the duties and obligations in this chapter add to, and do not replace, duties or obligations under other laws.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.28. The duties and obligations imposed by this chapter are cumulative with duties or obligations imposed under any other law and shall not be construed to relieve any party from any duties or obligations imposed under any other law. (Added by Stats. 2024, Ch. 938, Sec. 1. (AB 1755) Effective January 1, 2025.)
  65. 871.29.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    Manufacturers can choose to follow this chapter for a five-year period by giving written notice, and they cannot revoke that choice during that period.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.29. (a) (1) A manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of the manufacturer’s motor vehicles sold during a period of five consecutive calendar years by providing written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs by October 31 of the preceding calendar year, except as provided in Section 871.30. (2) A manufacturer who makes the election described in paragraph (1) may not revoke that election during the five-year period covered by the election, but the manufacturer may make a new election under paragraph (1) that will cover motor vehicles sold in a subsequent five-year period. (b) Unless a manufacturer has made the election described in subdivision (a) that covers a given year, Sections 871.20 to 871.28, inclusive, shall not apply to an action described in subdivision (a) of Section 871.20 with respect to all of the manufacturer’s motor vehicles sold during that year, except as provided in Section 871.30. (c) By December 15 of each year, the Arbitration Certification Program within the Department of Consumer Affairs shall publish to its website a list of the manufacturers that have elected to proceed under this chapter for a period that includes the following calendar year, except as provided in Section 871.30. (d) At the time a motor vehicle is sold new, a manufacturer shall provide notice to a consumer specifying which one of the following procedures governs the vehicle: (1) The procedures set forth in this chapter. (2) The procedures set forth in Article 3 (commencing with Section 1792) of Chapter 1 of Title 1.7 of Part 4 of Division 3 of the Civil Code. (Added by Stats. 2025, Ch. 1, Sec. 4. (SB 26) Effective April 2, 2025.)
  66. 871.3.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    Cases for relief under this chapter are generally treated as unlimited civil cases, but a defensive cross-complaint case may be treated as a limited civil case if it meets Section 85 requirements. The good faith improver must prove entitlement to relief, and the court must consider the improver’s negligence when deciding good faith and relief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.3. (a) An action for relief under this chapter shall be treated as an unlimited civil case, regardless of the amount in controversy and regardless of whether a defendant cross-complains for relief under this chapter. Any other case in which a defendant cross-complains for relief under this chapter shall be treated as a limited civil case if the cross-complaint is defensive and the case otherwise satisfies the amount in controversy and other requirements of Section 85. (b) In every case, the burden is on the good faith improver to establish that the good faith improver is entitled to relief under this chapter, and the degree of negligence of the good faith improver should be taken into account by the court in determining whether the improver acted in good faith and in determining the relief, if any, that is consistent with substantial justice to the parties under the circumstances of the particular case. (Amended by Stats. 2000, Ch. 688, Sec. 7. Effective January 1, 2001.)
  67. 871.30.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. )

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    A manufacturer may opt into this chapter for certain motor-vehicle actions by giving written notice within 30 days. The Consumer Affairs arbitration program must post a list of electing manufacturers within 60 days. If a manufacturer does not elect, Sections 871.20 to 871.28 do not apply to the covered actions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 12. Actions for Restitution for or Replacement of Certain Motor Vehicles [871.20 - 871.30] ( Chapter 12 added by Stats. 2024, Ch. 938, Sec. 1. ) ## 871.30. (a) Within 30 days of the effective date of the act adding this section, a manufacturer may elect to be governed by this chapter for all actions described in subdivision (a) of Section 871.20 with respect to all of its motor vehicles sold in the year 2025 and in all prior years by providing written notice of that election to the Arbitration Certification Program within the Department of Consumer Affairs. (b) Within 60 days of the effective date of the act adding this section, the Arbitration Certification Program within the Department of Consumer Affairs shall publish to its website the list of all manufacturers that have elected under subdivision (a) to proceed under this chapter for actions related to motor vehicles sold in the year 2025 and in all prior years. (c) Unless a manufacturer has made the election described in subdivision (a), Sections 871.20 to 871.28, inclusive, shall not apply to an action described in subdivision (a) of Section 871.20, including actions already filed between January 1, 2025 and the effective date of the act adding this section, with respect to all of its vehicles sold new in the year 2025 and in all prior years. (Added by Stats. 2025, Ch. 1, Sec. 5. (SB 26) Effective April 2, 2025.)
  68. 871.4.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    The court may not grant relief under this chapter if setoff or removal of the improvement would produce substantial justice in the particular case.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.4. The court shall not grant relief under this chapter if the court determines that exercise of the good faith improver’s right of setoff under Section 741 of the Code of Civil Procedure or right to remove the improvement under Section 1013.5 of the Civil Code would result in substantial justice to the parties under the circumstances of the particular case. In determining whether removal of the improvement would result in substantial justice to the parties under the circumstances of the particular case, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him. (Added by Stats. 1968, Ch. 150.)
  69. 871.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    In certain cases involving a good faith improver, the court may adjust the parties’ rights and must protect the landowner from pecuniary loss while avoiding unjust enrichment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.5. When an action or cross-complaint is brought pursuant to Section 871.3, the court may, subject to Section 871.4, effect such an adjustment of the rights, equities, and interests of the good faith improver, the owner of the land, and other interested parties (including, but not limited to, lessees, lienholders, and encumbrancers) as is consistent with substantial justice to the parties under the circumstances of the particular case. The relief granted shall protect the owner of the land upon which the improvement was constructed against any pecuniary loss but shall avoid, insofar as possible, enriching him unjustly at the expense of the good faith improver. In protecting the owner of the land against pecuniary loss, the court shall take into consideration the expenses the owner of the land has incurred in the action in which relief under this chapter is sought, including but not limited to reasonable attorney fees. In determining the appropriate form of relief under this section, the court shall take into consideration any plans the owner of the land may have for the use or development of the land upon which the improvement was made and his need for the land upon which the improvement was made in connection with the use or development of other property owned by him. (Amended by Stats. 1974, Ch. 244.)
  70. 871.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    This section says this chapter does not change the rules that decide what relief may be granted when someone builds an improvement on their own land that encroaches onto neighboring land.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.6. Nothing in this chapter affects the rules of law which determine the relief, if any, to be granted when a person constructs on his own land an improvement which encroaches on adjoining land. (Added by Stats. 1968, Ch. 150.)
  71. 871.7.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. )

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    This chapter does not apply to improvements involving a public entity or land owned or possessed by a public entity, and it also does not apply where the land was put to public use and could have been acquired by eminent domain.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10. ACTIONS IN PARTICULAR CASES [725a - 871.30] ( Title 10 enacted 1872. ) ## CHAPTER 10. Good Faith Improver of Property Owned by Another [871.1 - 871.7] ( Chapter 10 added by Stats. 1968, Ch. 150. ) ## 871.7. (a) This chapter does not apply where the improver is a public entity or where the improvement is made to land owned or possessed by a public entity. As used in this section, “public entity” includes the United States, a state, county, city and county, city, district, public authority, public agency, or any other political subdivision or public corporation. (b) This chapter does not apply where the owner of the land upon which the improvement is constructed has appropriated the land to a public use and could have acquired the land for that use by exercising the power of eminent domain. (Added by Stats. 1968, Ch. 150.)
  72. 872.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. )

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    This section defines key terms used in this title, including action, lien, property, remainder, and title report.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.010. As used in this title: (a) “Action” means an action for partition under this title. (b) “Lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. (c) “Property” includes real and personal property. (d) “Remainder” includes reversion, reversionary interest, right of entry, and executory interest. (e) “Title report” includes a preliminary report, guarantee, binder, or policy of title insurance. (Amended by Stats. 1979, Ch. 730.)
  73. 872.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. )

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    This title governs actions for partition of real property and, where applicable, actions for partition of personal property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.020. This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property. (Amended by Stats. 2022, Ch. 82, Sec. 1. (AB 2245) Effective January 1, 2023.)
  74. 872.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. )

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    In actions under this title, the general statutes and rules for civil actions apply unless they conflict with this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.030. The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title. (Added by Stats. 1976, Ch. 73.)
  75. 872.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. )

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    This title does not excuse compliance with laws, regulations, or ordinances that govern dividing, selling, or transferring property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Preliminary Provisions [872.010 - 872.040] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.040. Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property. (Added by Stats. 1976, Ch. 73.)
  76. 872.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The superior court has jurisdiction over actions under this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.110. (a) The superior court has jurisdiction of actions under this title. (b) Subject to the power of the court to transfer actions, the proper county for the trial of actions under this title is: (1) Where the subject of the action is real property or real and personal property, the county in which the real property, or some part thereof, is situated. (2) Where the subject of the action is personal property, the county in which the personal property is principally located at the commencement of the action or in which the defendants, or any of them, reside at the commencement of the action. (Added by Stats. 1976, Ch. 73.)
  77. 872.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The court may hear and decide motions, reports, and accounts, and may issue decrees and orders needed to carry out this title and its own orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.120. In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders. (Added by Stats. 1976, Ch. 73.)
  78. 872.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The court may issue temporary restraining orders and injunctions in the action, with or without bond.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.130. In the conduct of the action, the court may issue temporary restraining orders and injunctions, with or without bond, for the purpose of: (a) Preventing waste. (b) Protecting the property or title thereto. (c) Restraining unlawful interference with a partition of the property ordered by the court. (Added by Stats. 1976, Ch. 73.)
  79. 872.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The court may order equitable allowance, accounting, contribution, or other compensatory adjustment among the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 1. General Provisions [872.010 - 872.140] ( Chapter 1 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Powers of Court [872.110 - 872.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.140. The court may, in all cases, order allowance, accounting, contribution, or other compensatory adjustment among the parties according to the principles of equity. (Added by Stats. 1976, Ch. 73.)
  80. 872.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. )

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    Some coowners and certain real-property owners may start and maintain a partition action, but spouses or putative spouses cannot use this title for partition of community, quasi-community, or quasi-marital property interests.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.210. (a) A partition action may be commenced and maintained by any of the following persons: (1) A coowner of personal property. (2) An owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. (b) Notwithstanding subdivision (a), an action between spouses or putative spouses for partition of their community or quasi-community property or their quasi-marital interest in property may not be commenced or maintained under this title. (Added by Stats. 1976, Ch. 73.)
  81. 872.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a title report is needed, the plaintiff may get one before filing and must say so in the complaint. The court may also let a party get a title report and must set where it will be kept for party inspection and copying.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.220. If it is necessary to have a title report: (a) The plaintiff may, prior to commencing the action, procure a title report and shall in the complaint indicate this has been done and designate a place where it will be kept for inspection, use, and copying by the parties. (b) The court may, upon application of a party, authorize the party to procure a title report and shall designate a place where it shall be kept for inspection, use, and copying by the parties. (Added by Stats. 1976, Ch. 73.)
  82. 872.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A plaintiff filing a partition complaint must include detailed information about the property, the parties’ interests, the estate to be partitioned, and, if asking for a sale, the facts supporting that request.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.230. The complaint shall set forth: (a) A description of the property that is the subject of the action. In the case of tangible personal property, the description shall include its usual location. In the case of real property, the description shall include both its legal description and its street address or common designation, if any. (b) All interests the plaintiff has or claims in the property. (c) All interests of record or actually known to the plaintiff that persons other than the plaintiff have or claim in the property and that the plaintiff reasonably believes will be materially affected by the action, whether the names of such persons are known or unknown to the plaintiff. (d) The estate as to which partition is sought and a prayer for partition of the interests therein. (e) Where the plaintiff seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language. (Added by Stats. 1976, Ch. 73.)
  83. 872.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Real and personal property may be partitioned in one action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.240. Real and personal property may be partitioned in one action. (Added by Stats. 1976, Ch. 73.)
  84. 872.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The plaintiff must record a notice of the action’s pendency when filing the complaint, and must record a supplemental notice if additional real property is later sought in the same action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Complaint and Lis Pendens [872.210 - 872.250] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.250. (a) Immediately upon filing the complaint, the plaintiff shall record a notice of the pendency of the action in the office of the county recorder of each county in which any real property described in the complaint is located. (b) If, thereafter, partition of other real property is sought in the same action, the plaintiff or other person seeking such relief shall immediately record a supplemental notice. (c) If the notice is not recorded, the court, upon its own motion or upon the motion of any party at any time, shall order the plaintiff or person seeking partition of the property, or another party on behalf of the plaintiff or other person, to record the notice and shall stay the action until the notice is recorded. The expense of recordation shall be allowed to the party incurring it. (d) From the time of filing the notice for record, all persons shall be deemed to have notice of the pendency of the action as to the property described in the notice. (Added by Stats. 1976, Ch. 73.)
  85. 872.310.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    This section says how a summons must be formatted and served, and requires service by publication for certain parties and unknown defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.310. (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties pursuant to Sections 872.530(b) and 872.550, and on other persons named as unknown defendants, shall be by publication pursuant to Section 415.50 and the provisions of this article. (Added by Stats. 1976, Ch. 73.)
  86. 872.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the court orders service by publication, the plaintiff must post the summons and complaint on the property within 10 days, record a notice of pendency if needed, and the publication must describe the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.320. Where the court orders service by publication, such order shall be subject to the following conditions: (a) The plaintiff shall post, not later than 10 days after the date the order is made, a copy of the summons and complaint on the real property that is the subject of the action. (b) The plaintiff shall record, if not already recorded, a notice of the pendency of the action. (c) The publication shall describe the property that is the subject of the action. In addition to particularly describing the property, the publication shall describe the property by giving its street address, if any, or other common designation, if any; but, if a legal description of the property is given, the validity of the publication shall not be affected by the fact that the street address or other common designation recited is erroneous or that the street address or other common designation is omitted. (Added by Stats. 1976, Ch. 73.)
  87. 872.330.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the court orders service by publication, the publication may name only the defendants or describe only the property involved.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Summons [872.310 - 872.330] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.330. (a) Where the court orders service by publication, the publication may: (1) Name only the defendants to be served thereby. (2) Describe only the property in which the defendants to be served thereby have or claim interests. (b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication. (Added by Stats. 1976, Ch. 73.)
  88. 872.410.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A defendant’s answer must include the defendant’s claimed interest in the property, any facts disputing the complaint’s material allegations, and—if sale of the property is sought—the facts justifying that relief.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.410. The answer shall set forth: (a) Any interest the defendant has or claims in the property. (b) Any facts tending to controvert such material allegations of the complaint as the defendant does not wish to be taken as true. (c) Where the defendant seeks sale of the property, an allegation of the facts justifying such relief in ordinary and concise language. (Added by Stats. 1976, Ch. 73.)
  89. 872.420.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the defendant has or claims a lien on the property, the answer must state the lien’s date, character, and the amount still owed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.420. Where the defendant has or claims a lien on the property, the answer shall set forth the date and character of the lien and the amount remaining due thereon. (Added by Stats. 1976, Ch. 73.)
  90. 872.430.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The answer may include the defendant’s claims for contribution or other compensatory adjustment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Answer [872.410 - 872.430] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.430. The answer may set forth any claim the defendant has for contribution or other compensatory adjustment. (Added by Stats. 1976, Ch. 73.)
  91. 872.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A plaintiff seeking partition must join as defendants all persons with recorded, known, or reasonably apparent interests in the estate.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 872.510. The plaintiff shall join as defendants in the action all persons having or claiming interests of record or actually known to the plaintiff or reasonably apparent from an inspection of the property, in the estate as to which partition is sought. (Added by Stats. 1976, Ch. 73.)
  92. 872.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    In partition actions, the plaintiff must identify unknown persons as parties and disclose unknown or uncertain interests in the complaint; the court may be required to order joinder and guardians ad litem when needed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 872.520. (a) If the name of a person described in Section 872.510 is not known to the plaintiff, the plaintiff shall so state in the complaint and shall name as parties all persons unknown in the manner provided in Section 872.550. (b) If the ownership or the share or quantity of the interest of a person described in Section 872.510 is unknown, uncertain, or contingent, the plaintiff shall so state in the complaint. If the lack of knowledge, uncertainty, or contingency is caused by a transfer to an unborn or unascertained beneficiary or class member, or by a transfer in the form of a contingent remainder, vested remainder subject to defeasance, executory interest, or similar disposition, the plaintiff shall also state in the complaint, so far as is known to the plaintiff, the name, age, and legal disability (if any) of the person in being who would be entitled to ownership of the interest had the contingency upon which the right of such person depends occurred prior to the commencement of the action. (c) The court shall upon its own motion or upon motion of any party make such orders for joinder of additional parties and for appointment of guardians ad litem pursuant to Sections 372, 373, and 373.5 as are necessary or proper. (Amended by Stats. 2023, Ch. 260, Sec. 8. (SB 345) Effective January 1, 2024.)
  93. 872.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a party in a partition action is dead, the plaintiff must join the personal representative if one is known; if no personal representative is known, the plaintiff must file an affidavit and may join the decedent’s successors or the person believed to be deceased and related successors.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 872.530. (a) If a person described in Section 872.510 is dead and the plaintiff knows of a personal representative, the plaintiff shall join such personal representative as a defendant. (b) If a person described in Section 872.510 is dead, or is believed by the plaintiff to be dead, and the plaintiff knows of no personal representative: (1) The plaintiff shall state these facts in an affidavit filed with the complaint. (2) Where it is stated in the affidavit that such person is dead, the plaintiff may join as defendants “the testate and intestate successors of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent,” naming them in that manner. (3) Where it is stated in the affidavit that such person is believed to be dead, the plaintiff may join such person as a defendant, and he may also join “the testate and intestate successors of ____ (naming such person) believed to be deceased, and all persons claiming by, through, or under such person,” naming them in that manner. (Added by Stats. 1976, Ch. 73.)
  94. 872.540.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    In a partition action involving property subject to certain oil or gas lease or pooling arrangements, the plaintiff does not have to join certain limited-interest holders as defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 872.540. Where property is subject to a lease, community lease, unit agreement, or other pooling arrangement with respect to oil or gas or both, the plaintiff need not join as defendants persons whose only interest in the property is that of a lessee, royalty-owner, lessor-owner of other real property in the community, unit, or pooled area, or working interest owner, or persons claiming under them, and the judgment shall not affect the interests of such persons not joined as defendants. (Added by Stats. 1976, Ch. 73.)
  95. 872.550.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If partition is sought for all interests in property, the plaintiff may join unknown claimants as defendants by naming them that way.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 2. Commencement of Action [872.210 - 872.550] ( Chapter 2 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Parties [872.510 - 872.550] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 872.550. Where partition is sought as to all interests in the property, the plaintiff may join as defendants “all persons unknown claiming any interest in the property,” naming them in that manner. (Added by Stats. 1976, Ch. 73.)
  96. 872.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    In this action, the parties’ interests may be put in issue, tried, and determined.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.610. The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action. (Added by Stats. 1976, Ch. 73.)
  97. 872.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must determine the state of title to the property when adequate proof is provided and doing so is necessary for the relief sought.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.620. To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the title to the property. (Added by Stats. 1976, Ch. 73.)
  98. 872.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must determine lien status and priority when needed, may appoint a referee, and must issue process on request to compel witnesses, records, and verified claims.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.630. (a) To the extent necessary to grant the relief sought or other appropriate relief, the court shall determine the status and priority of all liens upon the property. (b) The court may appoint a referee to ascertain the facts necessary for the determination required by this section. Upon application of the referee or a lienholder, the court shall direct the issuance of process to compel attendance of witnesses, the production of books, documents, or things, and the filing of verified claims. The report of the referee thereon shall be made in writing to the court and shall be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require. (Added by Stats. 1976, Ch. 73.)
  99. 872.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If two or more parties are unknown, the court may consider their interests together in the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Determination of Interests of Parties [872.610 - 872.640] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 872.640. Where two or more parties are unknown, the court may consider their interests together in the action and not as between each other. (Added by Stats. 1976, Ch. 73.)
  100. 872.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    At trial, the court must decide whether the plaintiff has a right to partition and consider listed factors for successive estates.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.710. (a) At the trial, the court shall determine whether the plaintiff has the right to partition. (b) Except as provided in Section 872.730, partition as to concurrent interests in the property shall be as of right unless barred by a valid waiver. (c) Partition as to successive estates in the property shall be allowed if it is in the best interest of all the parties. The court shall consider whether the possessory interest has become unduly burdensome by reason of taxes or other charges, expense of ordinary or extraordinary repairs, character of the property and change in the character of the property since creation of the estates, circumstances under which the estates were created and change in the circumstances since creation of the estates, and all other factors that would be considered by a court of equity having in mind the intent of the creator of the successive estates and the interests and needs of the successive owners. (Added by Stats. 1976, Ch. 73.)
  101. 872.720.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the plaintiff is entitled to partition, the court must issue an interlocutory judgment determining the parties’ interests and ordering partition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.720. (a) If the court finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment that determines the interests of the parties in the property and orders the partition of the property and, unless it is to be later determined, the manner of partition. (b) If the court determines that it is impracticable or highly inconvenient to make a single interlocutory judgment that determines, in the first instance, the interests of all the parties in the property, the court may first ascertain the interests of the original concurrent or successive owners and thereupon make an interlocutory judgment as if such persons were the sole parties in interest and the only parties to the action. Thereafter, the court may proceed in like manner as between the original concurrent or successive owners and the parties claiming under them or may allow the interests to remain without further partition if the parties so desire. (Added by Stats. 1976, Ch. 73.)
  102. 872.730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A court may apply these title provisions in a partnership accounting, partnership dissolution, or partnership property partition case if that remedy is suitable and unsecured creditors are not prejudiced.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Determination of Right to Partition [872.710 - 872.730] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 872.730. To the extent that the court determines that the provisions of this title are a suitable remedy, such provisions may be applied in a proceeding for partnership accounting and dissolution, or in an action for partition of partnership property, where the rights of unsecured creditors of the partnership will not be prejudiced. (Added by Stats. 1976, Ch. 73.)
  103. 872.810.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must order the property divided among the parties according to their interests as set out in the interlocutory judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.810. The court shall order that the property be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment. (Added by Stats. 1976, Ch. 73.)
  104. 872.820.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must order a property sold and the sale proceeds divided among the parties when the stated conditions are met.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.820. Notwithstanding Section 872.810, the court shall order that the property be sold and the proceeds be divided among the parties in accordance with their interests in the property as determined in the interlocutory judgment in the following situations: (a) The parties agree to such relief, by their pleadings or otherwise. (b) The court determines that, under the circumstances, sale and division of the proceeds would be more equitable than division of the property. For the purpose of making the determination, the court may appoint a referee and take into account his report. (Added by Stats. 1976, Ch. 73.)
  105. 872.830.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the court finds it more equitable, it may order part of the property sold and the rest divided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.830. If, in making a determination whether sale would be more equitable than division of the property, the court finds that sale and division of proceeds for part of the property would be more equitable than division of the whole property, the court may order that such part be sold and the remainder divided. (Added by Stats. 1976, Ch. 73.)
  106. 872.840.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If property in partition is subject to an express trust, the court may order the property sold.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 3. Trial [872.610 - 872.840] ( Chapter 3 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Determination of Manner of Partition [872.810 - 872.840] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 872.840. (a) Where the property or an interest therein is subject to an express trust, the court may, in its discretion, order that the property be sold. (b) Upon division or sale of such property, the property or proceeds of sale allotted to the trustee of the express trust shall be held by him upon the trust therein stated, and no further action by the court pursuant to Section 873.840 is required. (Added by Stats. 1976, Ch. 73.)
  107. 873.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must appoint a referee to divide or sell the property, and may manage the referee’s bond, instructions, compensation, expenses, lien timing, accounts, discharge, removal, and replacement.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.010. (a) The court shall appoint a referee to divide or sell the property as ordered by the court. (b) The court may: (1) Determine whether a referee’s bond is necessary and fix the amount of the bond. (2) Instruct the referee. (3) Fix the reasonable compensation for the services of the referee and provide for payment of the referee’s reasonable expenses. (4) Provide for the date of commencement of the lien of the referee allowed by law. (5) Require the filing of interim or final accounts of the referee, settle the accounts of the referee, and discharge the referee. (6) Remove the referee. (7) Appoint a new referee. (Added by Stats. 1976, Ch. 73.)
  108. 873.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may, in its discretion, appoint separate referees for sale and division, or one referee for both.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.020. The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both. (Added by Stats. 1976, Ch. 73.)
  109. 873.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may appoint three referees, with the parties’ consent, to divide or sell the property as the court orders.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.030. (a) The court may, with the consent of the parties, appoint three referees to divide or sell the property as ordered by the court. (b) The three referees so appointed shall have all the powers and may perform all the duties required of one referee. (Added by Stats. 1976, Ch. 73.)
  110. 873.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must appoint a referee if all parties agree to the appointment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.040. (a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented. (b) In the case of a minor party or a party for whom a conservator of the estate has been appointed, the guardian or conservator of the estate of the party may so consent. (Amended by Stats. 1979, Ch. 730.)
  111. 873.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Certain people may not be appointed as a referee under this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.050. None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) A former or present partner or employee of the judge. (c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative. (d) An owner of any interest in the property that is the subject of the action. (Added by Stats. 1976, Ch. 73.)
  112. 873.060.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The referee may do whatever acts are necessary to exercise the authority given by this title or by a court order.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.060. The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court. (Added by Stats. 1976, Ch. 73.)
  113. 873.070.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The referee or any party may, on noticed motion, ask the court for instructions about the referee’s duties under this title.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.070. The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title. (Added by Stats. 1976, Ch. 73.)
  114. 873.080.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A referee may designate a road or street in property being sold or divided, and may recommend closing other roads; after court confirmation, the designated public way stays open and public, the private way is for the parties’ use, and recommended closed roads are deemed abandoned.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. General Provisions [873.010 - 873.080] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.080. (a) In selling or dividing the property, the referee may, if it will be for the advantage of those interested, designate a portion of the property as a public or private way, road, or street. In connection therewith, the referee may also recommend the closure of any or all other roads on the property and allocation of the portion of the property occupied by such roads to the parties. (b) Upon making such a designation and recommendation that is adequate to accommodate public and private needs, the referee shall report that fact to the court. (c) Upon confirmation of the referee’s report by the court, subject to any necessary action by the appropriate public entities: (1) The portion of the property designated as a public way, road, or street shall not be allocated to any of the parties or sold but shall be an open and public way, road, or street. (2) The property designated as a private way, road, or street shall be a private way for the use of the parties interested. (3) The roads recommended to be closed shall be deemed abandoned upon the terms stated in the order of confirmation. (Added by Stats. 1976, Ch. 73.)
  115. 873.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may, subject to this article’s limits, approve or authorize a referee’s contracts, decide payment claims under those contracts, and set when any related lien starts.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.110. Subject to the limitations of this article, the court may: (a) Authorize or approve contracts of the referee for the services and expenses of surveyors, engineers, appraisers, attorneys, real estate brokers, auctioneers, and others. (b) Allow and direct payment of or reject claims under such contracts. (c) Provide for the date of commencement of any lien provided by law or contract for such claims. (Added by Stats. 1976, Ch. 73.)
  116. 873.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A referee may hire an attorney only if the court approves, and the application must be written and include the attorney’s name and why the attorney is needed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.120. (a) The referee may employ an attorney only with the approval of the court pursuant to Section 873.110. (b) The application for approval shall be in writing and shall include the name of the attorney whom the referee wishes to employ and the necessity for the employment. (c) The attorney so employed may not be attorney for, or associated with or employed by an attorney for, any party to the action except with the written consent of all the parties to the action. (d) Any claim for compensation for the attorney shall detail the services performed by the attorney. (Added by Stats. 1976, Ch. 73.)
  117. 873.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The referee may hire a surveyor and necessary assistants, but only with court approval.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.130. The referee may, with the approval of the court pursuant to Section 873.110, employ a surveyor with the necessary assistants to aid in making a sale or division of property. (Added by Stats. 1976, Ch. 73.)
  118. 873.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A referee may hire an auctioneer, but only with court approval and if the auctioneer is authorized to act locally.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.140. The referee may, with the approval of the court pursuant to Section 873.110, employ an auctioneer, authorized to act as such in the locality, to conduct a public auction and to secure purchasers by such method for any property to be sold at public auction. (Added by Stats. 1976, Ch. 73.)
  119. 873.150.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A services contract for an attorney, surveyor, auctioneer, or other third person may allow interest on unpaid amounts, but only at or below the legal rate and only after the amount has been unpaid for three months.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.150. A contract for the services of an attorney, surveyor, auctioneer, or other third person may provide for the accrual of interest at a rate not in excess of the legal rate for amounts due under the contract that are not paid within three months after the time they become due and payable. (Added by Stats. 1976, Ch. 73.)
  120. 873.160.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A referee is generally not personally liable for contracts made or expenses incurred, unless the referee expressly assumes that liability in writing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 4. Referees [873.010 - 873.160] ( Chapter 4 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Contracts of Referee [873.110 - 873.160] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.160. The referee is not personally liable on contracts made, or for expenses incurred, except as such liability is expressly assumed by the referee in writing. (Added by Stats. 1976, Ch. 73.)
  121. 873.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A court-appointed referee must divide the property and allot the portions to the parties based on their interests in the interlocutory judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.210. The referee appointed by the court to make a division of the property shall divide the property and allot the several portions to the parties, quality and quantity relatively considered, according to their interests in the property as determined in the interlocutory judgment. (Added by Stats. 1976, Ch. 73.)
  122. 873.220.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Property should be divided, when practical, so a party receives any portion containing improvements made by that party or a predecessor, and those improvement values are excluded.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.220. As far as practical, and to the extent it can be done without material injury to the rights of the other parties, the property shall be so divided as to allot to a party any portion that embraces improvements made by that party or that party’s predecessor in interest. In such division and allotment, the value of such improvements shall be excluded. (Added by Stats. 1976, Ch. 73.)
  123. 873.230.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a party sold part of property before the partition case began, the property should be divided to give that part to the purchaser when that can be done without materially harming the other parties’ rights.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.230. Where prior to the commencement of the action a party has executed a deed purporting to convey to a purchaser a portion of the property to be divided, to the extent it can be done without material injury to the rights of the other parties, the property shall be so divided as to allot that portion to the purchaser, the purchaser’s heirs or assigns, or such other action taken as to make the deed effectual as a conveyance of that portion of the property. (Added by Stats. 1976, Ch. 73.)
  124. 873.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    When real property has more than one distinct lot or parcel, it should be divided by lots or parcels, without internal division if that can be done without materially injuring the parties’ rights.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.240. Where real property consists of more than one distinct lot or parcel, the property shall be divided by such lots or parcels without other internal division to the extent that it can be done without material injury to the rights of the parties. (Added by Stats. 1976, Ch. 73.)
  125. 873.250.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If property cannot be divided equally without harming someone’s rights, one party may have to compensate another. Unknown owners and minors generally cannot be required to pay compensation, unless a minor has enough personal property and it would promote the minor’s interest.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.250. (a) Where division cannot be made equally among the parties according to their interests without prejudice to the rights of some, compensation may be required to be made by one party to another to correct the inequality. (b) No compensation shall be required to be made to others by unknown owners or by minors unless it appears that a minor has personal property sufficient for that purpose and the minor’s interest will be promoted thereby. (Added by Stats. 1976, Ch. 73.)
  126. 873.260.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a lien is on an undivided interest, then when the property is divided it attaches only to the share given to that party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.260. Where a lien is on an undivided interest of a party, the lien shall, upon division of the property, become a charge only on the share allotted to that party. (Added by Stats. 1976, Ch. 73.)
  127. 873.270.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the court determines the combined interests of two or more unknown parties, the property portion allocated to them must remain undivided.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.270. Where the court has determined the combined interests of two or more unknown parties, the entire portion of the property allocated to such parties shall remain undivided. (Added by Stats. 1976, Ch. 73.)
  128. 873.280.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The referee must file a report with the court and give written notice of that filing to each appearing party.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.280. (a) The referee shall file with the court a report of the referee’s proceedings and give written notice of filing to each party who has appeared in the action. (b) The report shall include all of the following: (1) A specification of the manner in which the referee has executed the referee’s trust. (2) A description of the property divided and of the share allotted to each party, along with any recommendation as to owelty. (3) Any recommendation as to opening and closing public and private ways, roads, streets, and easements. (Added by Stats. 1976, Ch. 73.)
  129. 873.290.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A party may ask the court to confirm, modify, or set aside a partition report, and the court may confirm it, change it and enter judgment, or set it aside and order a new report.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 5. Division of the Property [873.210 - 873.290] ( Chapter 5 added by Stats. 1976, Ch. 73. ) ## 873.290. (a) Any party, upon notice to the other parties who have appeared, may move the court to confirm, modify, or set aside the report. (b) At the hearing, the court may either confirm the report as filed or as the court may modify and enter judgment of partition accordingly or set aside the report and order preparation of a new report and, if necessary, appoint a new referee for this purpose. (c) The division is effective and title vests in accordance therewith upon entry of judgment of partition. (Added by Stats. 1976, Ch. 73.)
  130. 873.510.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A court-appointed referee must sell the property using the procedures in this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.510. The referee appointed by the court to make a sale of the property shall sell the property in the manner and following the procedures provided in this chapter. (Added by Stats. 1976, Ch. 73.)
  131. 873.520.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must sell the property by public auction or private sale, choosing the method it finds more beneficial to the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.520. The property shall be sold at public auction or private sale as the court determines will be more beneficial to the parties. For the purpose of making this determination, the court may refer the matter to the referee and take into account the referee’s report. (Added by Stats. 1976, Ch. 73.)
  132. 873.530.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Some of the property may be sold at public auction and the rest at private sale if that would be more beneficial to the parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Manner of Sale [873.510 - 873.530] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 873.530. 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. (Added by Stats. 1976, Ch. 73.)
  133. 873.600.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must order the sale using the methods and terms that all parties have expressly agreed to in writing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.600. Notwithstanding any other provision of this title, the court shall order sale by such methods and upon such terms as are expressly agreed to in writing by all the parties to the action. (Added by Stats. 1976, Ch. 73.)
  134. 873.610.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may set sale terms and conditions for the property sale, and may refer those matters to a referee for recommendation.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.610. (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. (Added by Stats. 1976, Ch. 73.)
  135. 873.620.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must order distinct lots or parcels of real property sold separately unless that would materially prejudice the parties’ interests and rights. The court may also order real and personal property, or part of it, sold as a unit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.620. (a) Unless the interests and rights of the parties will be materially prejudiced thereby, the court shall order that distinct lots or parcels of real property be sold separately. (b) The court may order that the real and personal property or any portion thereof be sold as a unit. (Added by Stats. 1976, Ch. 73.)
  136. 873.630.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may order a sale on credit, set credit terms, and approve or set security terms for the sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.630. The court may: (a) Direct a sale on credit for the property or any part thereof. (b) Prescribe such terms of credit as may be appropriate. (c) Approve or prescribe the terms of security to be taken upon the sale, including the manner in which title to the security is to be taken, whether in a single instrument or several instruments, according to the interests of the parties. (Added by Stats. 1976, Ch. 73.)
  137. 873.640.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    This section says notice of a sale must be given in the required manner, including to parties who appeared and certain interested persons, and the court may require extra notice.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.640. (a) Notice of the sale of real or personal property shall be given in the manner required for notice of sale of like property upon execution. Such notice shall also be given to every party who has appeared in the action and to such other interested persons as may have in writing requested the referee for special notice. (b) Where real and personal property are to be sold as a unit, notice of the sale may be in the manner required for notice of sale of real property alone. (c) The court may order such additional notice as it deems proper. (d) Where the court orders a new sale of property pursuant to Section 873.730 or Section 873.740, notice of sale shall be as provided in this section. (Added by Stats. 1976, Ch. 73.)
  138. 873.650.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must set what a sale notice contains, and a private sale notice must state where bids or offers will be received and when the sale will occur.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.650. (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. (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. (Added by Stats. 1976, Ch. 73.)
  139. 873.660.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may order certain securities and vulnerable personal property sold on appropriate notice and conditions. Usually, title passes without court confirmation unless the court orders otherwise, and the referee remains responsible for the property’s actual value until the court approves the sale after return and proper showing.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.660. (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. (Added by Stats. 1976, Ch. 73.)
  140. 873.670.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A public auction sale must be held in the county where the action is pending unless the court specifies another place. Personal property must be present at the sale unless the court orders otherwise. The referee may postpone the sale by public declaration.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.670. (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. (Added by Stats. 1976, Ch. 73.)
  141. 873.680.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Private sales may not happen before the day named in the sale notice, and they must happen within one year after that day. Bids or offers must be written and left at the place named in the notice after first publication, or after posting if there was no publication.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.680. (a) A sale at private sale shall not be made before the day specified in the notice of sale but shall be made within one year thereafter. (b) The bids or offers shall be in writing and left at the place designated in the notice at any time after the first publication or, if none, the posting of the notice. (Added by Stats. 1976, Ch. 73.)
  142. 873.690.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Certain people involved in the case may not buy property sold in the action, and sales made in violation of this rule are void.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Sales Procedures [873.600 - 873.690] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 873.690. (a) The following persons shall not purchase property sold in the action directly or indirectly: (1) The referee. (2) The attorney of a party. (3) The guardian or conservator of a party, unless for the benefit of the ward or conservatee. (b) All sales contrary to this section are void except that a sale to a bona fide purchaser following a sale contrary to this section shall not be disturbed. (Amended by Stats. 1979, Ch. 730.)
  143. 873.710.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    When a property sale is made, the referee must report the sale to the court and include specified sale details in the report.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.710. (a) Upon making a sale of property, the referee shall report the sale to the court. (b) The referee’s report shall contain, in addition to such other information as may be appropriate, all of the following information: (1) A description of the property sold to each purchaser. (2) The name of the purchaser. (3) The sale price. (4) The terms and conditions of the sale and the security, if any, taken. (5) Any amounts payable to lienholders. (6) A statement as to contractual or other arrangements or conditions as to agents’ commissions. (7) Any determination and recommendation as to opening and closing public and private ways, roads, streets, and easements. (8) Other material facts relevant to the sale and the confirmation proceeding. (Added by Stats. 1976, Ch. 73.)
  144. 873.720.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A purchaser, the referee, or any party may ask the court to confirm or set aside the sale, and the moving party must give at least 10 days’ notice of the motion to the purchaser (if not the moving party) and to all other appearing parties.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.720. (a) A purchaser, the referee, or any party may move the court to confirm or set aside the sale. (b) The moving party shall give not less than 10 days’ notice of motion to: (1) The purchaser if the purchaser is not the moving party; and (2) All other parties who have appeared in the action. (Added by Stats. 1976, Ch. 73.)
  145. 873.730.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must examine the report and witnesses at the hearing, and it may confirm or vacate the sale depending on the listed conditions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.730. (a) At the hearing, the court shall examine the report and witnesses in relation to the report. (b) The court may confirm the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale. (c) The court may vacate the sale and direct that a new sale be made if it determines any of the following: (1) The proceedings were unfair or notice of sale was not properly given. If there is no finding at the hearing of unfairness or improper notice, the sale may thereafter not be attacked on such grounds. (2) The sale price is disproportionate to the value of the property. (3) It appears that a new sale will yield a sum that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, determined after a reasonable allowance for the expenses of a new sale. (Added by Stats. 1976, Ch. 73.)
  146. 873.740.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a responsible bidder at the Section 873.730 hearing makes a written increased offer above the sale price by the stated percentages, the court may set aside the sale and order a new one, or accept the higher offer and confirm the sale.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.740. (a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, the court in its discretion may do either of the following: (1) Vacate the sale and direct that a new sale be made. (2) Vacate the sale, accept the increased offer, and confirm the sale to the offerer. (b) Except as provided in subdivision (c), the amount by which an increased offer exceeds the sale price is determined on the basis of the gross amount of the increased offer including any commission on the increased offer to which an agent may be entitled. (c) Where in advance of sale the court has so ordered or the parties have so agreed, if an increased offer is made by a party to the action who is not represented by an agent, the amount by which an increased offer of a nonparty exceeds the sale price is determined on the basis of the net amount of the increased offer excluding any commission on the increased offer to which an agent may be entitled. (Added by Stats. 1976, Ch. 73.)
  147. 873.745.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must set any agents’ commission for the sale and may divide or limit it using the rule for private sales of real property in decedents’ estates.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.745. The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates. (Added by Stats. 1976, Ch. 73.)
  148. 873.750.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    When a sale is confirmed, the court must order the referee to complete the transfer and related sale tasks.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.750. (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale. (b) The order may direct the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds. (Added by Stats. 1976, Ch. 73.)
  149. 873.760.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the purchaser does not pay the sale price after confirmation of the sale, the court may order a resale or let the referee sue for the price.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.760. If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the following forms of relief: (a) Resale of the property upon notice as provided in this chapter. If any loss is occasioned thereby, the referee may recover the amount of such loss and costs and expenses incurred, including a reasonable attorney’s fee, from the purchaser who failed to pay. (b) Maintenance by the referee of an action against the purchaser for the amount of the sale price. If the referee recovers judgment, the referee shall be awarded a reasonable attorney’s fee against the purchaser. (Added by Stats. 1976, Ch. 73.)
  150. 873.770.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If the purchaser is a party or lienholder entitled to sale proceeds, the referee may take the purchaser’s receipt and may require security or another satisfactory arrangement for amounts owed or that may become owed.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.770. Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may: (a) Take the purchaser’s receipt for so much of the proceeds of sale as belongs to the purchaser. (b) Take security, or other arrangement satisfactory to the referee, for payment of amounts which are or may become due from the purchaser on account of the expenses of sale, general costs of the action, and costs of the reference. (Added by Stats. 1976, Ch. 73.)
  151. 873.780.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may issue orders about closing a sale after confirmation, including escrow and closing terms.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.780. The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adjustments varying the terms of sale based on after-discovered defects. (Added by Stats. 1976, Ch. 73.)
  152. 873.790.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    After the sale terms are fulfilled, the referee must execute a conveyance or other transfer instrument to the purchaser, and the transfer paperwork must be recorded in each county where the property is located.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 3. Consummation of Sale [873.710 - 873.790] ( Article 3 added by Stats. 1976, Ch. 73. ) ## 873.790. (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser. (b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the property is located. (Added by Stats. 1976, Ch. 73.)
  153. 873.810.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must order sale proceeds and related security to be paid, transferred, deposited, held in trust, or invested for the benefit of entitled persons.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 873.810. The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government, to or for the benefit of the persons in interest entitled thereto, as may be appropriate or as specifically provided in this article. (Added by Stats. 1976, Ch. 73.)
  154. 873.820.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Sale proceeds must be paid out in a set order: sale expenses first, then partition costs, then liens by priority, and the remainder is divided among the parties by their court-determined shares.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 873.820. The proceeds of sale for any property sold shall be applied in the following order: (a) Payment of the expenses of sale. (b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed. (c) Payment of any liens on the property in their order of priority except liens which under the terms of sale are to remain on the property. (d) Distribution of the residue among the parties in proportion to their shares as determined by the court. (Added by Stats. 1976, Ch. 73.)
  155. 873.830.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If only part of the property is sold, a tenant for life or years with an undivided share may have the remaining property equitably set off to satisfy all or part of their share of the proceeds.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 873.830. Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of complete or partial satisfaction of his share of the proceeds. (Added by Stats. 1976, Ch. 73.)
  156. 873.840.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must allocate sale proceeds to reflect life and future interests, and it may place all proceeds in trust in qualifying cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 873.840. (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit. (b) The court shall ascertain the proportional value of any vested or contingent future right or estate in the property and shall direct such proportion of the proceeds of sale to be distributed, secured, or held in such a manner as to protect the rights and interests of the parties. (c) Notwithstanding any other provision of this section, in the case of an estate for life or defeasible estate with remainder over, the court may direct that the entire proceeds of sale be placed in trust as provided in this section upon a showing that the establishment of such a trust is economically feasible and will serve the best interests of the parties. The court shall appoint a trustee, upon security satisfactory to the court, who under court supervision shall invest and reinvest the proceeds, pay the income of the investments, if any, to the life tenant or owner of the defeasible interest, and upon termination of the life or defeasible estate, deliver or pay the corpus of the trust estate to the remainderman. The court shall retain jurisdiction over the settlement of the accounts of the trustee and in all matters necessary for the proper administration of the trust and the final distribution of the trust fund. (Added by Stats. 1976, Ch. 73.)
  157. 873.850.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If sale proceeds owed to parties have not yet been allocated, the court may keep the action open to decide their claims and may require more testimony or pleadings.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 6. Sale of the Property [873.510 - 873.850] ( Chapter 6 added by Stats. 1976, Ch. 73. ) ## ARTICLE 4. Disposition of Proceeds of Sale [873.810 - 873.850] ( Article 4 added by Stats. 1976, Ch. 73. ) ## 873.850. When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an original action. (Added by Stats. 1976, Ch. 73.)
  158. 873.910.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    When all parties’ interests are undisputed or have been adjudicated, the parties may agree to a partition by appraisal under this chapter.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.910. When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter. (Added by Stats. 1976, Ch. 73.)
  159. 873.920.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    An agreement for partition by appraisal must be in writing and filed with the clerk of court, and it must include specified information.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.920. The agreement shall be in writing filed with the clerk of court and shall include: (a) A description of the property. (b) The names of the parties and their interests. (c) The names of the parties who are willing to acquire the interests. (d) The name or names of a person or persons to whose appointment as referee or referees the parties consent. (e) The date or dates as of which the interests to be acquired are to be appraised. (f) Other terms mutually agreed upon which may include, but are not limited to, provisions relating to abandonment of the action if the appraised value of the interest to be acquired exceeds a stated amount, required deposits on account of purchase price, terms of any credit, title and objections to title, and payment of the expenses of the procedure authorized by this chapter and of costs of the action. (Added by Stats. 1976, Ch. 73.)
  160. 873.930.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A party to the agreement may ask the court, by noticed motion, to approve the agreement. If the court finds the agreement complies with Section 873.920 and its terms are equitable, the court must approve it and stay any pending division or sale of the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.930. (a) Any party to the agreement may, upon noticed motion, apply to the court for approval of the agreement. (b) If the court determines that the agreement complies with Section 873.920 and that the terms and conditions are equitable, it shall approve the agreement and stay any pending division or sale of the property. (Added by Stats. 1976, Ch. 73.)
  161. 873.940.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must appoint one referee, or three if the parties’ agreement provides for that, to appraise the property and interests involved.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.940. The court shall appoint one referee or, if provided in the agreement, three referees to appraise the property and the interests involved. The referee shall report the valuations and other findings to the court in writing filed with the clerk. (Added by Stats. 1976, Ch. 73.)
  162. 873.950.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    Any party to the agreement or the referee may ask the court to confirm, modify, or set aside the report after giving 10 days’ notice to the referee and the other parties when required.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.950. Any party to the agreement or the referee, upon 10 days’ notice to the referee if the referee is not the moving party and to the other parties to the agreement, may move the court to confirm, modify, or set aside the report. (Added by Stats. 1976, Ch. 73.)
  163. 873.960.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must review the report and witnesses, and if specified conditions are met, confirm the report and order the transfer of interests.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.960. At the hearing, the court shall examine the report and witnesses. If the court determines that the proceedings have been regularly conducted, that transfer of title to the interests may regularly be made, and that no facts appear which would make such transfer inequitable, it shall confirm the report and order the interests transferred to the acquiring parties in proportion to their respective interests, or in such other proportion as is set out in the agreement. The order shall be conditioned upon payment of the amounts fixed as the purchase price and any other amounts required by the agreement, the giving of any required security, and payment by the parties of the expenses of the procedure authorized by this chapter and of the general costs of the partition or an appropriate share thereof. Thereafter the court, upon motion of a party to the agreement or of the referee, made upon not less than 10 days’ notice to the parties who have appeared, shall determine whether the conditions have been fulfilled and, if so, shall enter judgment confirming the transfer; otherwise, upon such further proceedings as may be ordered, the action or proceeding shall be ordered terminated. (Added by Stats. 1976, Ch. 73.)
  164. 873.970.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The agreement binds the parties’ heirs, executors, administrators, successors, and assigns. If there is a default, the aggrieved parties may enforce the agreement through further proceedings in the action or use any other legal or equitable remedy.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.970. The agreement binds the heirs, executors, administrators, successors, and assigns of the parties. In the event of default, the aggrieved parties may specifically enforce the agreement by further proceedings in the action or may pursue any other remedy they may have at law or in equity. (Added by Stats. 1976, Ch. 73.)
  165. 873.980.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    This section says the chapter is cumulative, and parties can still use other partition rights if interests are not transferred and acquired under this chapter, subject to Section 873.970.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 7. Partition by Appraisal [873.910 - 873.980] ( Chapter 7 added by Stats. 1976, Ch. 73. ) ## 873.980. The provisions of this chapter are cumulative and if, for default or other cause, interests are not transferred and acquired pursuant to this chapter, the parties may pursue their other rights of partition, subject to Section 873.970. (Added by Stats. 1976, Ch. 73.)
  166. 874.010.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    This section lists the items that count as costs of partition.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 874.010. The costs of partition include: (a) Reasonable attorney’s fees incurred or paid by a party for the common benefit. (b) The fee and expenses of the referee. (c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action. (d) The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action. (e) Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit. (Added by Stats. 1976, Ch. 73.)
  167. 874.020.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    A party may include certain reasonable expenses, including attorney’s fees, in the costs of partition if they were necessarily incurred for the common benefit.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 874.020. The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with interest thereon at the legal rate from the time of making the expenditures. (Added by Stats. 1976, Ch. 73.)
  168. 874.030.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    If a party made disbursements under the court’s direction, interest must be allowed at the legal rate from the time the disbursements were made.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 874.030. Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements. (Added by Stats. 1976, Ch. 73.)
  169. 874.040.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court must divide partition costs among the parties based on their interests, unless this article provides otherwise.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 874.040. Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable. (Added by Stats. 1976, Ch. 73.)
  170. 874.050.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. )

    Verify source ↗

    The court may order certain partition costs allocated to a future interest to be paid by other parties or by current presumptive owners, and that payment is subject to reimbursement with interest at the legal rate.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 1. Allowance and Apportionment of Costs of Partition [874.010 - 874.050] ( Article 1 added by Stats. 1976, Ch. 73. ) ## 874.050. (a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest. (b) Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest. (Added by Stats. 1976, Ch. 73.)
  171. 874.110.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The court may order partition costs paid before judgment, and any unpaid costs must be listed in the judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 874.110. (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment. (b) Any costs that remain unpaid shall be included and specified in the judgment. (Added by Stats. 1976, Ch. 73.)
  172. 874.120.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    Costs of partition become a lien on the specified party’s share, and that lien has priority over other liens except liens created under this section.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 874.120. (a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section. (Added by Stats. 1976, Ch. 73.)
  173. 874.130.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The court may order a sale of all or part of the property if a person with a lien under this article applies and shows good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 874.130. Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them. (Added by Stats. 1976, Ch. 73.)
  174. 874.140.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. )

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    The person entitled to unpaid partition costs may enforce the judgment against the specified party’s share or other property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 8. Costs of Partition [874.010 - 874.140] ( Chapter 8 added by Stats. 1976, Ch. 73. ) ## ARTICLE 2. Payment of Costs of Partition [874.110 - 874.140] ( Article 2 added by Stats. 1976, Ch. 73. ) ## 874.140. A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party. (Amended by Stats. 1982, Ch. 497, Sec. 60. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  175. 874.210.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. )

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    This section says the judgment in the action is binding and conclusive on certain categories of persons with interests in the property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. ) ## 874.210. The judgment in the action is binding and conclusive on all of the following: (a) All persons known and unknown who were parties to the action and who have or claim any interest in the property, whether present or future, vested or contingent, legal or beneficial, several or undivided. (b) All persons not in being or not ascertainable at the time the judgment is entered who have any remainder interest in the property, or any part thereof, after the determination of a particular estate therein and who by any contingency may be entitled to a beneficial interest in the property, provided the judge shall make appropriate provision for the protection of such interests. (c) Except as provided in Section 874.225, all persons who were not parties to the action and who have or claim any interest in the property which was not of record at the time the lis pendens was filed, or if none was filed, at the time the judgment was recorded. (Amended by Stats. 1984, Ch. 20, Sec. 5.)
  176. 874.225.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. )

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    A judgment generally does not affect a nonparty’s property claim if the claim was recorded in time or was known, or reasonably apparent, to the plaintiff at the relevant time.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. ) ## 874.225. Except to the extent provided in Section 1908, the judgment does not affect a claim in the property or part thereof of any person who was not a party to the action if any of the following conditions is satisfied: (a) The claim was of record at the time the lis pendens was filed or, if none was filed, at the time the judgment was recorded. (b) The claim was actually known to the plaintiff or would have been reasonably apparent from an inspection of the property at the time the lis pendens was filed or, if none was filed, at the time the judgment was entered. For the purpose of this subdivision, a “claim in the property or part thereof” of any person means the interest of the person in the portion of the property or proceeds of sale thereof allocated to the plaintiff. Nothing in this subdivision shall be construed to impair the rights of a bona fide purchaser or encumbrancer for value dealing with the plaintiff or the plaintiff’s successors in interest. (Added by Stats. 1984, Ch. 20, Sec. 7.)
  177. 874.240.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. )

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    A conveyance or transfer made under the listed sections is binding and conclusive like a judgment.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 9. Judgment [874.210 - 874.240] ( Chapter 9 added by Stats. 1976, Ch. 73. ) ## 874.240. A conveyance or transfer pursuant to Sections 873.750 and 873.790 or Section 873.960 is binding and conclusive, in the same manner as a judgment. (Added by Stats. 1976, Ch. 73.)
  178. 874.311.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    This section names the Partition of Real Property Act and says it applies to certain partition actions involving tenancy in common real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.311. (a) This act shall be known, and may be cited, as the Partition of Real Property Act. (b) This act applies to real property held in tenancy in common where there is no agreement in a record binding all the cotenants which governs the partition of the property. (c) This act applies to actions for partition of real property filed on or after January 1, 2023. (Amended by Stats. 2022, Ch. 82, Sec. 3. (AB 2245) Effective January 1, 2023.)
  179. 874.312.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    This section defines several terms used in the chapter on partition of real property.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.312. For purposes of this chapter, the following definitions apply: (a) “Determination of value” means a court order determining the fair market value of the property under Section 874.316 or 874.320 or adopting the valuation of the property agreed to by all cotenants. (b) “Partition by sale” means a court-ordered sale of the entire property, whether by auction, sealed bids, or open-market sale conducted under Section 874.320. (c) “Partition in kind” means the division of property into physically distinct and separately titled parcels. (d) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (Amended by Stats. 2022, Ch. 82, Sec. 4. (AB 2245) Effective January 1, 2023.)
  180. 874.313.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    In a partition action for real property, the property must be partitioned under this chapter unless all cotenants agree otherwise in a record.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.313. (a) In an action to partition real property, the property shall be partitioned under this chapter unless all of the cotenants otherwise agree in a record. (b) This chapter supplements the other provisions of this title and, if an action is governed by this chapter, this chapter shall control over any provisions of this title that are inconsistent with this chapter. (Amended by Stats. 2022, Ch. 82, Sec. 5. (AB 2245) Effective January 1, 2023.)
  181. 874.314.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    If a plaintiff in a partition action seeks notice by publication, the plaintiff must post and keep a conspicuous sign on the property within 10 days after the court’s determination. The court may also require the sign to include the plaintiff’s name and the known defendants.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.314. (a) This act does not limit or affect the method by which service of a complaint in a partition action may be made. (b) If the plaintiff in a partition action seeks an order of notice by publication, the plaintiff, not later than 10 days after the court’s determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign shall state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. (Amended by Stats. 2022, Ch. 82, Sec. 6. (AB 2245) Effective January 1, 2023.)
  182. 874.315.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    If the court appoints referees under Section 873.010, each referee must be disinterested and impartial and must not be a party to or participant in the action.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.315. If the court appoints referees pursuant to Section 873.010, each referee, in addition to any other requirements and disqualifications applicable to referees, shall be disinterested and impartial and not a party to or a participant in the action. (Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
  183. 874.316.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    The court must determine the property’s fair market value, usually by ordering an appraisal, unless the cotenants agree on a value or the court uses a different valuation method in limited cases.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.316. (a) Except as otherwise provided in subdivisions (b) and (c), the court shall determine the fair market value of the property by ordering an appraisal pursuant to subdivision (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, the court shall adopt that value or the value produced by the agreed method of valuation. (c) If the court determines that the evidentiary value of an appraisal is outweighed by the cost of the appraisal, the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (d) If the court orders an appraisal, the court shall appoint a disinterested real estate appraiser licensed in the State of California to determine the fair market value of the property assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (e) If an appraisal is conducted pursuant to subdivision (d), not later than 10 days after the appraisal is filed, the court shall send notice to each party with a known address, stating all of the following: (1) The appraised fair market value of the property. (2) That the appraisal is available at the court clerk’s office. (3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection. (f) If an appraisal is filed with the court pursuant to subdivision (d), the court shall conduct a hearing to determine the fair market value of the property not sooner than 30 days after a copy of the notice of the appraisal is sent to each party under subdivision (e), whether or not an objection to the appraisal is filed under paragraph (3) of subdivision (e). In addition to the court-ordered appraisal, the court may consider any other evidence of value offered by a party. (g) After a hearing under subdivision (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. (Amended by Stats. 2022, Ch. 82, Sec. 7. (AB 2245) Effective January 1, 2023.)
  184. 874.317.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    This section sets the court process for cotenants to buy out interests in a partition-by-sale case, including notices, election deadlines, payment timing, and what the court must do if one, several, or no cotenants pay.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.317. (a) If any cotenant requested partition by sale, the court shall, after the determination of value under Section 874.316, send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale. (b) Not later than 45 days after the notice is sent under subdivision (a), any cotenant except a cotenant that requested partition by sale may give notice to the court that it elects to buy all the interests of the cotenants that requested partition by sale. (c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under Section 874.316 multiplied by the cotenant’s fractional ownership of the entire parcel. (d) After expiration of the period described in subdivision (b), the following rules apply: (1) If only one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall notify all the parties of that fact. (2) If more than one cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant’s existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant. (3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, the court shall send notice to all the parties of that fact and resolve the partition action under paragraphs (a) and (b) of Section 874.318. (e) If the court sends notice to the parties under paragraph (1) or (2) of subdivision (d), the court shall set a date, not sooner than 60 days after the date the notice was sent, by which electing cotenants shall pay their apportioned price into the court. After this date, the following rules apply: (1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them. (2) If no electing cotenant timely pays its apportioned price, the court shall resolve the partition action under paragraphs (a) and (b) of Section 874.318 as if the interests of the cotenants that requested partition by sale were not purchased. (3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court, on motion, shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest. (f) Not later than 20 days after the court gives notice pursuant to paragraph (3) of subdivision (e), any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court. After the 20-day period, the following rules apply: (1) If only one cotenant pays the entire price for the remaining interest, the court shall issue an order reallocating the remaining interest to that cotenant. The court shall promptly issue an order reallocating the interests of all of the cotenants and disburse the amounts held by it to the persons entitled to them. (2) If no cotenant pays the entire price for the remaining interest, the court shall resolve the partition action under paragraphs (a) and (b) of Section 874.318 as if the interests of the cotenants that requested partition by sale were not purchased. (3) If more than one cotenant pays the entire price for the remaining interest, the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant’s original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue promptly an order reallocating all of the cotenants’ interests, disburse the amounts held by it to the persons entitled to them, and promptly refund any excess payment held by the court. (g) Not later than 45 days after the court sends notice to the parties pursuant to subdivision (a), any cotenant entitled to buy an interest under this section may request the court to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action. (h) If the court receives a timely request under subdivision (g), the court, after a hearing, may deny the request or authorize the requested additional sale on such terms as the court determines are fair and reasonable, subject to the following limitations: (1) A sale authorized under this subdivision may occur only after the purchase prices for all interests subject to sale under subdivisions (a) to (f), inclusive, have been paid into court and those interests have been reallocated among the cotenants as provided in those subdivisions. (2) The purchase price for the interest of a nonappearing cotenant is based on the court’s determination of value under Section 874.316. (Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
  185. 874.318.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    The court must order partition in kind unless the stated exception applies; otherwise it must order partition by sale or dismiss the action if no sale was requested.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.318. (a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 874.317, or if after conclusion of the buyout under Section 874.317 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 874.319, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated. (b) If the court does not order partition in kind under subdivision (a), the court shall order partition by sale pursuant to Section 874.320 or, if no cotenant requested partition by sale, the court shall dismiss the action. (c) If the court orders partition in kind pursuant to subdivision (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out, a part of the property representing the combined interests of these cotenants as determined by the court. (Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
  186. 874.319.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

    Verify source ↗

    When deciding whether partition in kind would cause great prejudice to cotenants, the court must consider listed factors and must not treat any single factor as controlling.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.319. (a) In determining whether partition in kind would result in great prejudice to the cotenants as a group, the court shall consider the following: (1) Whether the property practicably can be divided among the cotenants. (2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur. (3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other. (4) A cotenant’s sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant. (5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property. (6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property. (7) Any other relevant factor. (b) The court shall not consider any one factor in subdivision (a) to be dispositive without weighing the totality of all relevant factors and circumstances. (Amended by Stats. 2022, Ch. 82, Sec. 8. (AB 2245) Effective January 1, 2023.)
  187. 874.320.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    If the court orders a property sale, it generally must be an open-market sale, with the court appointing a California-licensed broker and setting a reasonable commission if the parties do not agree on one.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.320. (a) If the court orders a sale of property, the sale shall be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group. (b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in the State of California to offer the property for sale, the court shall appoint the broker and establish a reasonable commission. If the parties do not agree on a broker, the court shall appoint a disinterested real estate broker licensed in the State of California to offer the property for sale and shall establish a reasonable commission. The broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. (c) If the broker appointed under subdivision (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value, the following requirements apply: (1) The broker shall comply with the reporting requirements in Section 874.321. (2) The sale shall be completed in accordance with state law. (d) If the broker appointed under subdivision (b) does not obtain an offer to purchase the property for at least the determination of value within a reasonable time, the court, after a hearing, may do any of the following: (1) Approve the highest outstanding offer, if any. (2) Redetermine the value of the property and order that the property continue to be offered for an additional time. (3) Order that the property be sold by sealed bids or at an auction. (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale. If the court orders an auction, the auction shall be conducted under Chapter 6 (commencing with Section 873.510). (f) If a purchaser is entitled to a share of the proceeds of the sale, the purchaser is entitled to a credit against the price in an amount equal to the purchaser’s share of the proceeds. (Amended by Stats. 2022, Ch. 82, Sec. 9. (AB 2245) Effective January 1, 2023.)
  188. 874.321.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

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    A broker appointed to sell property on the open market must file a report with the court within seven days after receiving a qualifying offer, and the report must include specified sale details.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.321. (a) A broker appointed to offer property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under Section 874.316 or 874.320. (b) The report required by subdivision (a) shall contain the following information: (1) A description of the property to be sold to each buyer. (2) The name of each buyer. (3) The proposed purchase price. (4) The terms and conditions of the proposed sale, including the terms of any owner financing. (5) The amounts to be paid to lienholders. (6) A statement of contractual or other arrangements or conditions of the broker’s commission. (7) Other material facts relevant to the sale. (Amended by Stats. 2022, Ch. 82, Sec. 10. (AB 2245) Effective January 1, 2023.)
  189. 874.321.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

    Verify source ↗

    In a partition action, the court may allocate partition costs, including appraisal fees, but may not allocate those costs to a party opposing the partition unless that would be equitable and consistent with the chapter’s purposes.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.321.5. In an action for partition of property, the court may apportion the costs of partition, including an appraisal fee, pursuant to Section 874.040, except that the court shall not apportion the costs of partition to any party that opposes the partition unless doing so is equitable and consistent with the purposes of this chapter. (Amended by Stats. 2022, Ch. 82, Sec. 11. (AB 2245) Effective January 1, 2023.)
  190. 874.323.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. )

    Verify source ↗

    This section says the act overrides the federal E-SIGN Act in part, but not Section 101(c), and it does not authorize electronic delivery of certain notices.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 10.5. PARTITION OF REAL AND PERSONAL PROPERTY [872.010 - 874.323] ( Title 10.5 added by Stats. 1976, Ch. 73. ) ## CHAPTER 10. Partition of Real Property Act [874.311 - 874.323] ( Heading of Chapter 10 amended by Stats. 2022, Ch. 82, Sec. 2. ) ## 874.323. This act modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. Sec. 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)). (Added by Stats. 2021, Ch. 119, Sec. 2. (AB 633) Effective January 1, 2022.)
  191. 875.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    After a joint money judgment in a tort action, defendants may seek contribution from each other, subject to equity, payment conditions, pro rata limits, and exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 875. (a) Where a money judgment has been rendered jointly against two or more defendants in a tort action there shall be a right of contribution among them as hereinafter provided. (b) Such right of contribution shall be administered in accordance with the principles of equity. (c) Such right of contribution may be enforced only after one tortfeasor has, by payment, discharged the joint judgment or has paid more than his pro rata share thereof. It shall be limited to the excess so paid over the pro rata share of the person so paying and in no event shall any tortfeasor be compelled to make contribution beyond his own pro rata share of the entire judgment. (d) There shall be no right of contribution in favor of any tortfeasor who has intentionally injured the injured person. (e) A liability insurer who by payment has discharged the liability of a tortfeasor judgment debtor shall be subrogated to his right of contribution. (f) This title shall not impair any right of indemnity under existing law, and where one tortfeasor judgment debtor is entitled to indemnity from another there shall be no right of contribution between them. (g) This title shall not impair the right of a plaintiff to satisfy a judgment in full as against any tortfeasor judgment debtor. (Added by Stats. 1957, Ch. 1700.)
  192. 876.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    Each tortfeasor judgment debtor’s share is calculated by dividing the whole judgment equally among all judgment debtors.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 876. (a) The pro rata share of each tortfeasor judgment debtor shall be determined by dividing the entire judgment equally among all of them. (b) Where one or more persons are held liable solely for the tort of one of them or of another, as in the case of the liability of a master for the tort of his servant, they shall contribute a single pro rata share, as to which there may be indemnity between them. (Added by Stats. 1957, Ch. 1700.)
  193. 877.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    A qualifying release, dismissal, or covenant not to sue given in good faith before verdict or judgment reduces claims against other liable parties and protects the released party from contribution liability, subject to stated exceptions.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 877. Where a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment is given in good faith before verdict or judgment to one or more of a number of tortfeasors claimed to be liable for the same tort, or to one or more other co-obligors mutually subject to contribution rights, it shall have the following effect: (a) It shall not discharge any other such party from liability unless its terms so provide, but it shall reduce the claims against the others in the amount stipulated by the release, the dismissal or the covenant, or in the amount of the consideration paid for it, whichever is the greater. (b) It shall discharge the party to whom it is given from all liability for any contribution to any other parties. (c) This section shall not apply to co-obligors who have expressly agreed in writing to an apportionment of liability for losses or claims among themselves. (d) This section shall not apply to a release, dismissal with or without prejudice, or a covenant not to sue or not to enforce judgment given to a co-obligor on an alleged contract debt where the contract was made prior to January 1, 1988. (Amended by Stats. 2011, Ch. 296, Sec. 39. (AB 1023) Effective January 1, 2012.)
  194. 877.5.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    Parties who enter a sliding scale recovery agreement must promptly tell the court, and they must give 72 hours’ notice to nonsignatory alleged defendant tortfeasors before making the agreement, unless the court allows less time for good cause.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 877.5. (a) Where an agreement or covenant is made which provides for a sliding scale recovery agreement between one or more, but not all, alleged defendant tortfeasors and the plaintiff or plaintiffs: (1) The parties entering into any such agreement or covenant shall promptly inform the court in which the action is pending of the existence of the agreement or covenant and its terms and provisions. (2) If the action is tried before a jury, and a defendant party to the agreement is called as a witness at trial, the court shall, upon motion of a party, disclose to the jury the existence and content of the agreement or covenant, unless the court finds that this disclosure will create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. The jury disclosure herein required shall be no more than necessary to inform the jury of the possibility that the agreement may bias the testimony of the witness. (b) As used in this section, a “sliding scale recovery agreement” means an agreement or covenant between a plaintiff or plaintiffs and one or more, but not all, alleged tortfeasor defendants, which limits the liability of the agreeing tortfeasor defendants to an amount which is dependent upon the amount of recovery which the plaintiff is able to recover from the nonagreeing defendant or defendants. This includes, but is not limited to, agreements within the scope of Section 877, and agreements in the form of a loan from the agreeing tortfeasor defendant or defendants to the plaintiff or plaintiffs which is repayable in whole or in part from the recovery against the nonagreeing tortfeasor defendant or defendants. (c) No sliding scale recovery agreement is effective unless, at least 72 hours prior to entering into the agreement, a notice of intent to enter into an agreement has been served on all nonsignatory alleged defendant tortfeasors. However, upon a showing of good cause, the court or a judge thereof may allow a shorter time. The failure to comply with the notice requirements of this subdivision shall not constitute good cause to delay commencement of trial. (Amended by Stats. 1990, Ch. 17, Sec. 1.)
  195. 877.6.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    This section lets a party seek a court hearing on whether a settlement with alleged joint tortfeasors or contract co-obligors was made in good faith, and sets notice, motion, review, and tolling rules.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 877.6. (a) (1) Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co-obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co-obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005. Upon a showing of good cause, the court may shorten the time for giving the required notice to permit the determination of the issue to be made before the commencement of the trial of the action, or before the verdict or judgment if settlement is made after the trial has commenced. (2) In the alternative, a settling party may give notice of settlement to all parties and to the court, together with an application for determination of good faith settlement and a proposed order. The application shall indicate the settling parties, and the basis, terms, and amount of the settlement. The notice, application, and proposed order shall be given by certified mail, return receipt requested, or by personal service. Proof of service shall be filed with the court. Within 25 days of the mailing of the notice, application, and proposed order, or within 20 days of personal service, a nonsettling party may file a notice of motion to contest the good faith of the settlement. If none of the nonsettling parties files a motion within 25 days of mailing of the notice, application, and proposed order, or within 20 days of personal service, the court may approve the settlement. The notice by a nonsettling party shall be given in the manner provided in subdivision (b) of Section 1005. However, this paragraph shall not apply to settlements in which a confidentiality agreement has been entered into regarding the case or the terms of the settlement. (b) The issue of the good faith of a settlement may be determined by the court on the basis of affidavits served with the notice of hearing, and any counteraffidavits filed in response, or the court may, in its discretion, receive other evidence at the hearing. (c) A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co-obligor from any further claims against the settling tortfeasor or co-obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (d) The party asserting the lack of good faith shall have the burden of proof on that issue. (e) When a determination of the good faith or lack of good faith of a settlement is made, any party aggrieved by the determination may petition the proper court to review the determination by writ of mandate. The petition for writ of mandate shall be filed within 20 days after service of written notice of the determination, or within any additional time not exceeding 20 days as the trial court may allow. (1) The court shall, within 30 days of the receipt of all materials to be filed by the parties, determine whether or not the court will hear the writ and notify the parties of its determination. (2) If the court grants a hearing on the writ, the hearing shall be given special precedence over all other civil matters on the calendar of the court except those matters to which equal or greater precedence on the calendar is granted by law. (3) The running of any period of time after which an action would be subject to dismissal pursuant to the applicable provisions of Chapter 1.5 (commencing with Section 583.110) of Title 8 of Part 2 shall be tolled during the period of review of a determination pursuant to this subdivision. (Amended by Stats. 2017, Ch. 64, Sec. 1. (SB 543) Effective January 1, 2018.)
  196. 878.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    A tortfeasor judgment debtor may seek a contribution judgment by motion, but must give notice to all parties at least 10 days before the hearing and include an affidavit about defendants’ assets.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 878. Judgment for contribution may be entered by one tortfeasor judgment debtor against other tortfeasor judgment debtors by motion upon notice. Notice of such motion shall be given to all parties in the action, including the plaintiff or plaintiffs, at least 10 days before the hearing thereon. Such notice shall be accompanied by an affidavit setting forth any information which the moving party may have as to the assets of defendants available for satisfaction of the judgment or claim for contribution. (Added by Stats. 1957, Ch. 1700.)
  197. 879.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    If part of this title is invalid, the rest of the title still applies if it can work without the invalid part.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 879. If any provision of this title or the application thereof to any person is held invalid, such invalidity shall not affect other provisions or applications of the title which can be given effect without the invalid provision or application and to this end the provisions of this title are declared to be severable. (Added by Stats. 1957, Ch. 1700.)
  198. 88.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. )

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    A civil action or proceeding that is not a limited civil case may be called an unlimited civil case.

    ## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 5.1. Limited Civil Cases [85 - 100] ( Chapter 5.1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## ARTICLE 1. Jurisdiction in Limited Civil Cases [85 - 89] ( Article 1 added by Stats. 1998, Ch. 931, Sec. 28. ) ## 88. A civil action or proceeding other than a limited civil case may be referred to as an unlimited civil case. (Added by Stats. 1999, Ch. 344, Sec. 4. Effective September 7, 1999.)
  199. 880.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. )

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    This title becomes effective for causes of action accruing on or after January 1, 1958.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 1. Releases From and Contribution Among Joint Tortfeasors [875 - 880] ( Heading of Chapter 1 added by Stats. 1982, Ch. 497, Sec. 62. ) ## 880. This title shall become effective as to causes of action accruing on or after January 1, 1958. (Added by Stats. 1957, Ch. 1700.)
  200. 881.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. )

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    This chapter applies to contribution among joint judgment debtors, except joint tortfeasors.

    ## Code of Civil Procedure - CCP ## PART 2. OF CIVIL ACTIONS [307 - 1062.34] ( Part 2 enacted 1872. ) ## TITLE 11. CONTRIBUTION AMONG JOINT JUDGMENT DEBTORS [875 - 883] ( Heading of Title 11 amended by Stats. 1982, Ch. 497, Sec. 61. ) ## CHAPTER 2. Contribution Among Other Judgment Debtors [881 - 883] ( Chapter 2 added by Stats. 1982, Ch. 497, Sec. 63. ) ## 881. This chapter governs contribution among joint judgment debtors other than joint tortfeasors. (Added by Stats. 1982, Ch. 497, Sec. 63. Operative July 1, 1983, by Sec. 185 of Ch. 497.)

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