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Code of Civil Procedure - CCP - CCP § 872.540

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.550

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 872.610

The interests of the parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the action.

Code of Civil Procedure - CCP - CCP § 872.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 sectio

Code of Civil Procedure - CCP - CCP § 872.640

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 estat

Code of Civil Procedure - CCP - CCP § 872.720

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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)

Code of Civil Procedure - CCP - CCP § 872.730

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 credito

Code of Civil Procedure - CCP - CCP § 872.810

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 872.820

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 872.830

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 an

Code of Civil Procedure - CCP - CCP § 872.840

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 873.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 par

Code of Civil Procedure - CCP - CCP § 873.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 relat

Code of Civil Procedure - CCP - CCP § 873.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.060

The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.

Code of Civil Procedure - CCP - CCP § 873.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 873.070

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

Code of Civil Procedure - CCP - CCP § 873.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 claim

Code of Civil Procedure - CCP - CCP § 873.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.130

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.140

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.