Title CCP — California Code Civ. Proc.
0 chapters · 1,833 sections in this title.
Code Civ. Proc. § 765.040 Section 765.040
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Any lien or encumbrance claimant who records or files, or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbra…
Code Civ. Proc. § 765.050 Section 765.050
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This article does not apply to a document which acts as a claim of encumbrance by a financial institution, as defined in subdivision (a) of Section 14161 of the Penal Code or Section 481.113 of this code, or a public entity, as defined in Section 481.200 of this code.
Code Civ. Proc. § 765.060 Section 765.060
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If a lien or other encumbrance is recorded or filed against a public officer or employee in violation of Section 765.010, the state or local agency that employs the public officer or employee may provide counsel for the public officer or employee in an action brought pursuant to …
Code Civ. Proc. § 873.010 Section 873.010
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(a) The court shall appoint a referee to divide or sell the property as ordered by the court. (b) The court may: (1) Determine whether a referee’s bond is necessary and fix the amount of the bond. (2) Instruct the referee. (3) Fix the reasonable compensation for the services of t…
Code Civ. Proc. § 873.020 Section 873.020
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The court in its discretion may appoint a referee for sale and a referee for division, or may appoint a single referee for both.
Code Civ. Proc. § 873.030 Section 873.030
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(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) The three referees so appointed shall have all the powers and may perform all the duties required of one referee.
Code Civ. Proc. § 873.040 Section 873.040
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(a) The court shall appoint as referee under this title any person or persons to whose appointment all parties have consented. (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 par…
Code Civ. Proc. § 873.050 Section 873.050
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None of the following persons shall be appointed a referee under this title: (a) A clerk or deputy clerk of the court. (b) A former or present partner or employee of the judge. (c) A relative within the third degree of the judge or the judge’s spouse or the spouse of such a relat…
Code Civ. Proc. § 873.060 Section 873.060
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The referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court.
Code Civ. Proc. § 873.070 Section 873.070
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The referee or any party may, on noticed motion, petition the court for instructions concerning the referee’s duties under this title.
Code Civ. Proc. § 873.080 Section 873.080
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(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 …
Code Civ. Proc. § 873.110 Section 873.110
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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 claim…
Code Civ. Proc. § 873.120 Section 873.120
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(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 …
Code Civ. Proc. § 873.130 Section 873.130
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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.
Code Civ. Proc. § 873.140 Section 873.140
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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.
Code Civ. Proc. § 873.150 Section 873.150
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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 Civ. Proc. § 873.160 Section 873.160
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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.