SECTIONS 873.600-873.690 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 873.600-873.690

873.600. Notwithstanding any other provision of this title, the
court shall order sale by such methods and upon such terms as are
expressly agreed to in writing by all the parties to the action.

873.610. (a) The court may, at the time of trial or thereafter,
prescribe such manner, terms, and conditions of sale not inconsistent
with the provisions of this chapter as it deems proper for the
particular property or sale.
(b) The court may refer the manner, terms, and conditions of sale
to the referee for recommendation but shall not approve the referee's
report except following a hearing upon noticed motion.

873.620. (a) Unless the interests and rights of the parties will be
materially prejudiced thereby, the court shall order that distinct
lots or parcels of real property be sold separately.
(b) The court may order that the real and personal property or any
portion thereof be sold as a unit.

873.630. The court may:
(a) Direct a sale on credit for the property or any part thereof.
(b) Prescribe such terms of credit as may be appropriate.
(c) Approve or prescribe the terms of security to be taken upon
the sale, including the manner in which title to the security is to
be taken, whether in a single instrument or several instruments,
according to the interests of the parties.

873.640. (a) Notice of the sale of real or personal property shall
be given in the manner required for notice of sale of like property
upon execution. Such notice shall also be given to every party who
has appeared in the action and to such other interested persons as
may have in writing requested the referee for special notice.
(b) Where real and personal property are to be sold as a unit,
notice of the sale may be in the manner required for notice of sale
of real property alone.
(c) The court may order such additional notice as it deems proper.
(d) Where the court orders a new sale of property pursuant to
Section 873.730 or Section 873.740, notice of sale shall be as
provided in this section.

873.650. (a) The court shall prescribe the contents of the notice
of sale, which shall include a description of the property, the time
and place of sale, and a statement of the principal terms of sale. In
place of the principal terms of sale, the notice may refer to an
order of the court or to a written statement containing such
information which may be inspected at the place of business of the
referee or the referee's attorney.
(b) A notice of private sale shall state a place where bids or
offers will be received and a day on or after which the sale will be
made.

873.660. (a) The court may order securities listed on an
established stock or bond exchange, and personal property that is
perishable, that will depreciate in value if not promptly disposed
of, or that will incur loss or expense by being kept, to be sold upon
such notice and conditions as may be appropriate.
(b) Unless otherwise ordered by the court, title to property sold
pursuant to this section passes without court confirmation. The
referee is responsible for the actual value of the property until,
after return and proper showing, the court approves the sale.

873.670. (a) A sale at public auction to the highest bidder shall
be held in the county in which the action is pending or such other
place as may be specified by the court.
(b) Unless otherwise ordered by the court, personal property shall
be present at the sale.
(c) The sale may be postponed by the referee by public declaration
as provided for sales upon execution.

873.680. (a) A sale at private sale shall not be made before the
day specified in the notice of sale but shall be made within one year
thereafter.
(b) The bids or offers shall be in writing and left at the place
designated in the notice at any time after the first publication or,
if none, the posting of the notice.

873.690. (a) The following persons shall not purchase property sold
in the action directly or indirectly:
(1) The referee.
(2) The attorney of a party.
(3) The guardian or conservator of a party, unless for the benefit
of the ward or conservatee.
(b) All sales contrary to this section are void except that a sale
to a bona fide purchaser following a sale contrary to this section
shall not be disturbed.