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Code of Civil Procedure - CCP - CCP § 873.150

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pa

Code of Civil Procedure - CCP - CCP § 873.160

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 div

Code of Civil Procedure - CCP - CCP § 873.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a

Code of Civil Procedure - CCP - CCP § 873.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.280

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 873.290

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 as

Code of Civil Procedure - CCP - CCP § 873.510

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.520

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.530

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.600

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.610

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 sa

Code of Civil Procedure - CCP - CCP § 873.620

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 873.630

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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,

Code of Civil Procedure - CCP - CCP § 873.640

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.650

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.660

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.670

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 postp

Code of Civil Procedure - CCP - CCP § 873.680

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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,

Code of Civil Procedure - CCP - CCP § 873.690

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 873.710

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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)