Assembly Bill 1671

Code of Civil Procedure (CCP) § 872.120 General Authority to Hear Motions and Make Orders and Decrees

Published on: June 23, 2023 | By Underwood Law Firm, P.C.

6232023-300x300 California Code of Civil Procedure section 872.120 grants the court continuing jurisdiction to hear all motions and issue any necessary decrees in order to fulfill the purpose of the partition title, which aims to provide the court with broad statutory authority.

Code of Civil Procedure section 872.120 states

In the conduct of the action, the court may hear and determine all motions, reports, and accounts and may make any decrees and orders necessary or incidental to carrying out the purposes of this title and to effectuating its decrees and orders. “Action” means an action for partition under this title.

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Rules of Practice in Partition Actions (CCP § 872.030.)

Published on: June 16, 2023 | By Underwood Law Firm, P.C.

6162023-300x300 The California Code of Civil Procedure plays a pivotal role in shaping the legal landscape of civil actions. The California Partition Law starts at section 872.010 and ends at section 874.323. Among the partition provisions, section 872.030 highlights the importance of consistency in the application of laws in partition actions. Section 872.030 applies the general rules of civil actions to partition actions unless they are inconsistent with the partition statute. If the Partition Law differs from the general sections of the Code of Civil Procedure, the Partition Law trumps the other section because partition actions are tailored to the unique nature of partition disputes and often have specialized requirements.

Code of Civil Procedure section 872.030 states:

The statutes and rules governing practice in civil actions generally apply to actions under this title except where they are inconsistent with the provisions of this title.

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Partition Law Definitions (Code of Civil Procedure (CCP) section 872.010.)

Published on: May 31, 2023 | By Underwood Law Firm, P.C.

5312023-300x300 The California Partition Law begins in Code of Civil Procedure section 872.010 with definitions. These definitions apply throughout the entirety of the Partition Law, which ends only in Code of Civil Procedure section 874.323. The point of this statute is to provide uniformity throughout the Partition Law and reduce any uncertainty about the meaning of any terms so that the law may be applied without any debt.

Code of Civil Procedure section 872.010 states

As used in this title:

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