873.910. Â
When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal pursuant to this chapter.
The code also expressly authorizes partition by appraisal based on the parties’ agreement, pursuant to Code of Civil Procedure section 873.910. As explained by the court in Cummings v.
JARAMILLO VS JARAMILLO
RIC1902281
Nov 10, 2022
Riverside County, CA
Defendant argues lack of jurisdiction because under Code of Civil Procedure section 873.910, the parties have to agree to a partition by appraisal. A partition by appraisal requires an agreement between the parties and a noticed motion to the court. The inclusion of this remedy as a cause of action is no harm. It is a potential remedy for partition. "When the interests of all parties are undisputed or have been adjudicated, the parties may agree upon a partition by appraisal."
GOMEZ VS BARNES
37-2023-00036689-CU-OR-CTL
Apr 26, 2024
San Diego County, CA
May 03, 2022
Dismissal
Superior Court of California
Kern County, CA
Section 873.920.
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