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Code of Civil Procedure - CCP - CCP § 871.5

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 li

Code of Civil Procedure - CCP - CCP § 871.6

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 871.7

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 auth

Code of Civil Procedure - CCP - CCP § 872.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 872.020

This title governs actions for partition of real property and, except to the extent not applicable, actions for partition of personal property.

Code of Civil Procedure - CCP - CCP § 872.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 872.040

Nothing in this title excuses compliance with any applicable laws, regulations, or ordinances governing the division, sale, or transfer of property.

Code of Civil Procedure - CCP - CCP § 872.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 ord

Code of Civil Procedure - CCP - CCP § 872.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 seve

Code of Civil Procedure - CCP - CCP § 872.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 cou

Code of Civil Procedure - CCP - CCP § 872.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 872.240

Real and personal property may be partitioned in one action.

Code of Civil Procedure - CCP - CCP § 872.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.310

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 415.5

Code of Civil Procedure - CCP - CCP § 872.320

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 actio

Code of Civil Procedure - CCP - CCP § 872.330

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 follo

Code of Civil Procedure - CCP - CCP § 872.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 alle

Code of Civil Procedure - CCP - CCP § 872.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 872.430

The answer may set forth any claim the defendant has for contribution or other compensatory adjustment.

Code of Civil Procedure - CCP - CCP § 872.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 inte

Code of Civil Procedure - CCP - CCP § 872.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t