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

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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 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.[1]California Code of Civil Procedure 872.320

In turn, the partition statutes specify how service by publication shall be made.[2]Code of Civil Procedure 873.330

Contact an Experienced Partition Attorney in California

If you want to end your co-ownership relationship, but your co-owner won’t agree, a partition action is your only option. Our experienced partition lawyers have years of experience ending co-ownership disputes and can help you unlock the equity in your property. For a free, 15 minute consultation with an experienced partition attorney at Talkov Law, call (844) 482-5568 or fill out a contact form online.

References

References
1 California Code of Civil Procedure 872.320
2 Code of Civil Procedure 873.330
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