Partition Procedures

CCP 872.610 Plaintiff and defendant Talkov Law

Code of Civil Procedure 872.610 CCP – Plaintiff and defendant (Partition Actions)

California Code of Civil Procedure 872.610 is the California partition statute that specifies that the interests of all parties may be tried in the partition action. The statute provides that: 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 … Read More

CCP 872.310 Content and service; civil actions; publication Talkov Law

Code of Civil Procedure 872.310 CCP – Content and service; civil actions; publication (Partition Actions)

California Code of Civil Procedure 872.310 is the California partition statute that specifies how a summons for a partition action shall be served upon both named and unnamed parties. The statute provides that: (a) The form, content, and manner of service of summons shall be as in civil actions generally. (b) Service on persons named as parties … Read More

CCP 872.320 Publication; court order, conditions Talkov Law

Code of Civil Procedure 872.320 CCP – Publication; court order; conditions (Partition Actions)

California Code of Civil Procedure 872.320 is the California partition statute that specifies the requirements for service by publication and posting at the property. The statute provides that: (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 … Read More

CCP 872.130 Restraining orders and injunctions; bonds; purpose Talkov Law

Code of Civil Procedure 872.130 CCP – Restraining Orders and Injunctions; Bonds; Purpose (Partition Actions)

California Code of Civil Procedure 872.130 is the California partition statute that allows the court to issue restraining orders and injunctions related to the partition. The statute provides that: 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. … Read More

CCP 872.110 Superior court; jurisdiction; venue Talkov Law

Code of Civil Procedure 872.110 CCP – Superior court; jurisdiction; venue (Partition Actions)

California Code of Civil Procedure 872.110 is the California partition statute that specifies the requirement that a partition complaint must be filed in the county where the real property is located. The statute provides that: (a) The superior court has jurisdiction of actions under this title. (b) Subject to the power of the court to … Read More

CCP 872.230 Complaint; contents Talkov Law

Code of Civil Procedure 872.230 CCP – Complaint; Contents (Partition Actions)

California Code of Civil Procedure 872.230 is the California partition statute that specifies the requirement for the contents of the complaint in a partition action. The statute provides that: 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 … Read More

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Action)

Code of Civil Procedure 872.250 CCP – Lis Pendens; Supplemental Notice; Recordation (Partition Actions)

California Code of Civil Procedure 872.250 is the California partition statute that specifies the requirement of filing a lis pendens (notice of pending action) in a partition action, as well as the effect of a lis pendens in a partition action. The statute provides that: (a) Immediately upon filing the complaint, the plaintiff shall record … Read More

Code of Civil Procedure 872.210 CCP - Persons authorized (Commencement of Partition)

Code of Civil Procedure 872.210 CCP – Persons authorized (Commencement of Partition)

California Code of Civil Procedure 872.210 is the California partition statute that specifies who is authorized to commence a partition action. The statute provides that: (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, … Read More

CCP 872.620 State of Title; Ascertainment Talkov Law

Code of Civil Procedure 872.620 CCP – State of the Title; Ascertainment (Partition Actions)

California Code of Civil Procedure 872.620 is the California partition statute that allows the court to decide the state of title as part of the partition action. The statute provides that: To the extent necessary to grant the relief sought or other appropriate relief, the court shall upon adequate proof ascertain the state of the … Read More

Wallace v. Daley Talkov Law

Wallace v. Daley – Accounting in California Partition Actions

Wallace v. Daley (1990) 220 Cal.App. 3d 1028 Perhaps the most frequently cited case in all of California partition law is Wallace v. Daley (1990) 220 Cal.App. 3d 1028, which sets forth the general principle that every partition will include an accounting of offsets. The famous quote from Wallace v. Daley is that: Every partition … Read More

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