Contracts Of Referee - Referees - Civil Procedure - CA

Section § 873.110

This law allows the court to oversee and approve contracts made by a referee for hiring professionals like surveyors and real estate brokers. The court can decide whether to pay these professionals based on the contracts and also manage any legal claims related to these contracts, including setting the start date for any liens, which are rights to keep possession of property until a debt is paid, that may arise from these claims.

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 claims under such contracts.

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Section § 873.120

This section outlines the rules for a referee hiring an attorney during legal proceedings. First, the referee needs court approval to hire a lawyer, which requires a written application with the attorney's name and reasons for hiring them. The hired attorney can't be the lawyer for any party involved in the case unless everyone agrees in writing. Finally, any request for payment to the attorney must clearly list what services were provided.

(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 attorney so employed may not be attorney for, or associated with or employed by an attorney for, any party to the action except with the written consent of all the parties to the action.

(d) Any claim for compensation for the attorney shall detail the services performed by the attorney.

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Section § 873.130

This law section says that if someone is tasked with helping to sell or divide property, known as a referee, they can hire a surveyor and any needed help to do the job, but they must get court approval first.

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.

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Section § 873.140

A referee, with the court's approval, can hire a local auctioneer to sell property through a public auction.

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.

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Section § 873.150

This law says that if you have a contract with a professional like an attorney, surveyor, or auctioneer, and you don’t pay them within three months of when the payment is due, the contract may include that you’ll owe interest on the unpaid amount. However, this interest can’t be higher than the legal interest rate.

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 payable.

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Section § 873.160

This law states that a referee won't be personally responsible for any contracts they enter or expenses they incur unless they explicitly agree to take on that responsibility in writing.

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.

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