RefereesGeneral Provisions

Section § 873.010

Explanation

This law says that if a court orders property to be divided or sold, it must appoint a referee to manage the process. The court also has several options regarding the referee: it can decide if the referee needs a bond, give instructions, set compensation and cover expenses, set a lien start date, require financial reports, and even remove or replace the referee if necessary.

(a)CA Civil Procedure Code § 873.010(a) The court shall appoint a referee to divide or sell the property as ordered by the court.
(b)CA Civil Procedure Code § 873.010(b) The court may:
(1)CA Civil Procedure Code § 873.010(b)(1) Determine whether a referee’s bond is necessary and fix the amount of the bond.
(2)CA Civil Procedure Code § 873.010(b)(2) Instruct the referee.
(3)CA Civil Procedure Code § 873.010(b)(3) Fix the reasonable compensation for the services of the referee and provide for payment of the referee’s reasonable expenses.
(4)CA Civil Procedure Code § 873.010(b)(4) Provide for the date of commencement of the lien of the referee allowed by law.
(5)CA Civil Procedure Code § 873.010(b)(5) Require the filing of interim or final accounts of the referee, settle the accounts of the referee, and discharge the referee.
(6)CA Civil Procedure Code § 873.010(b)(6) Remove the referee.
(7)CA Civil Procedure Code § 873.010(b)(7) Appoint a new referee.
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Section § 873.020

Explanation

The court has the option to either appoint one person to handle the sale and division of property or appoint separate people for each task.

The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both.
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Section § 873.030

Explanation

This law allows a court, if everyone involved agrees, to appoint three people to manage dividing or selling property during a legal case. These three people have the same authority and responsibilities as a single person would in this role.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 873.030(b) The three referees so appointed shall have all the powers and may perform all the duties required of one referee.
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Section § 873.040

Explanation

This law explains how a referee, who is someone assigned to assist in a legal case, is chosen. If everyone involved agrees on a referee, then that person is appointed by the court. If one party is a minor or has a court-appointed guardian or conservator, then that guardian or conservator can agree on their behalf.

(a)CA Civil Procedure Code § 873.040(a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented.
(b)CA Civil Procedure Code § 873.040(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 party may so consent.
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Section § 873.050

Explanation

This law specifies who cannot be chosen as a referee in certain legal cases. A referee cannot be a court clerk or their deputy, anyone who has worked with or is currently working with the judge, the judge's relatives up to the third degree, or anyone who has an ownership interest in the property involved in the case.

None of the following persons shall be appointed a referee under this title:
(a)CA Civil Procedure Code § 873.050(a) A clerk or deputy clerk of the court.
(b)CA Civil Procedure Code § 873.050(b) A former or present partner or employee of the judge.
(c)CA Civil Procedure Code § 873.050(c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relative.
(d)CA Civil Procedure Code § 873.050(d) An owner of any interest in the property that is the subject of the action.
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Section § 873.060

Explanation
This law allows a referee to do whatever is needed to carry out their responsibilities according to the powers given to them by this law or a court order.
The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
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Section § 873.070

Explanation

If there's confusion about what the referee needs to do, either the referee or any involved party can formally ask the court for guidance. This request must be made through a noticed motion, which means all parties are informed about it.

The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.
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Section § 873.080

Explanation

When property is being sold or divided, a referee can decide to set aside part of the land as a road, either public or private, if it benefits those involved. The referee can also suggest closing current roads on the property and redistributing that land to the owners. Once these decisions are made, the referee reports to the court. If the court agrees and after any needed action by public authorities, these roads will be designated as follows: A public road becomes accessible to everyone and isn't owned by any party; a private road is for the use of the interested parties only; and any road that is recommended for closure will be officially closed according to the court's order.

(a)CA Civil Procedure Code § 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 roads on the property and allocation of the portion of the property occupied by such roads to the parties.
(b)CA Civil Procedure Code § 873.080(b) Upon making such a designation and recommendation that is adequate to accommodate public and private needs, the referee shall report that fact to the court.
(c)CA Civil Procedure Code § 873.080(c) Upon confirmation of the referee’s report by the court, subject to any necessary action by the appropriate public entities:
(1)CA Civil Procedure Code § 873.080(c)(1) The portion of the property designated as a public way, road, or street shall not be allocated to any of the parties or sold but shall be an open and public way, road, or street.
(2)CA Civil Procedure Code § 873.080(c)(2) The property designated as a private way, road, or street shall be a private way for the use of the parties interested.
(3)CA Civil Procedure Code § 873.080(c)(3) The roads recommended to be closed shall be deemed abandoned upon the terms stated in the order of confirmation.
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