reglab/housing_qa huggingface dataset:
CA Civ Pro Code § 873.730 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.730.

873.730.  (a) At the hearing, the court shall examine the report and witnesses in relation to the report.(b) The court may confirm the sale notwithstanding a variance from the prescribed terms of sale if to do so will be beneficial to the parties and will not result in substantial prejudice to persons interested in the sale.(c) The court may vacate the sale and direct that a new sale be made if it determines any of the following:(1) The proceedings were unfair or notice of sale was not properly given. If there is no finding at the hearing of unfairness or improper notice, the sale may thereafter not be attacked on such grounds.(2) The sale price is disproportionate to the value of the property.(3) It appears that a new sale will yield a sum that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, determined after a reasonable allowance for the expenses of a new sale.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.740 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.740.

873.740.  (a) If at the hearing under Section 873.730 a responsible bidder makes a written increased offer that exceeds the sale price by at least 10 percent on the first ten thousand dollars ($10,000) and 5 percent on the amount in excess thereof, the court in its discretion may do either of the following:(1) Vacate the sale and direct that a new sale be made.(2) Vacate the sale, accept the increased offer, and confirm the sale to the offerer.(b) Except as provided in subdivision (c), the amount by which an increased offer exceeds the sale price is determined on the basis of the gross amount of the increased offer including any commission on the increased offer to which an agent may be entitled.(c) Where in advance of sale the court has so ordered or the parties have so agreed, if an increased offer is made by a party to the action who is not represented by an agent, the amount by which an increased offer of a nonparty exceeds the sale price is determined on the basis of the net amount of the increased offer excluding any commission on the increased offer to which an agent may be entitled.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.745 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.745.

873.745.  The amount of agents’ commissions on the sale, if any, shall be fixed by the court and divided or limited in the manner provided for private sales of real property in decedents’ estates.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.750 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.750.

873.750.  (a) Upon confirmation of a sale, the court shall order the referee to execute a conveyance or other instrument of transfer, to collect the proceeds, take security, and perform other acts required to consummate the sale.(b) The order may direct the referee concerning the distribution, deposit, or securing of sale deposits and sale proceeds.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.760 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.760.

873.760.  If the purchaser, after the confirmation of the sale, fails to pay the sale price, the purchaser is subject to the court’s jurisdiction and to further proceedings in the action. Upon such failure, a party, or the referee, may upon notice move the court to order either of the following forms of relief:(a) Resale of the property upon notice as provided in this chapter. If any loss is occasioned thereby, the referee may recover the amount of such loss and costs and expenses incurred, including a reasonable attorney’s fee, from the purchaser who failed to pay.(b) Maintenance by the referee of an action against the purchaser for the amount of the sale price. If the referee recovers judgment, the referee shall be awarded a reasonable attorney’s fee against the purchaser.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.770 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.770.

873.770.  Where the purchaser is a party or lienholder entitled to a share of the proceeds of sale, the referee may:(a) Take the purchaser’s receipt for so much of the proceeds of sale as belongs to the purchaser.(b) Take security, or other arrangement satisfactory to the referee, for payment of amounts which are or may become due from the purchaser on account of the expenses of sale, general costs of the action, and costs of the reference.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.780 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.780.

873.780.  The court may make orders relating to the closing of a sale after confirmation, including escrow and closing provisions and, if the referee and purchaser so agree and the court upon noticed motion determines it will not result in substantial prejudice to the parties, may make adjustments varying the terms of sale based on after-discovered defects.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.790 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 3 - Consummation of Sale|Section 873.790.

873.790.  (a) Upon fulfillment of the terms of sale, the referee shall execute a conveyance or other instrument of transfer to the purchaser.(b) The conveyance or transfer of real property and the order authorizing such conveyance or transfer shall be recorded in each county in which the property is located.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.810 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 4 - Disposition of Proceeds of Sale|Section 873.810.

873.810.  The court shall order the proceeds of sale and any security therefor to be paid, transferred, deposited in court, placed in trust, or invested in State of California or United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government, to or for the benefit of the persons in interest entitled thereto, as may be appropriate or as specifically provided in this article.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.820 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 4 - Disposition of Proceeds of Sale|Section 873.820.

873.820.  The proceeds of sale for any property sold shall be applied in the following order:(a) Payment of the expenses of sale.(b) Payment of the other costs of partition in whole or in part or to secure any cost of partition later allowed.(c) Payment of any liens on the property in their order of priority except liens which under the terms of sale are to remain on the property.(d) Distribution of the residue among the parties in proportion to their shares as determined by the court.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.830 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 4 - Disposition of Proceeds of Sale|Section 873.830.

873.830.  Where a part only of the property is sold, a tenant for life or years in an undivided share of the whole property may have his estate equitably set off in any part of the property not sold by way of complete or partial satisfaction of his share of the proceeds.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.840 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 4 - Disposition of Proceeds of Sale|Section 873.840.

873.840.  (a) The court shall ascertain the proportion of the proceeds of sale that will be a just and reasonable sum for the satisfaction of the estate of a tenant for life or years and shall order such amount distributed to him or held for his benefit.(b) The court shall ascertain the proportional value of any vested or contingent future right or estate in the property and shall direct such proportion of the proceeds of sale to be distributed, secured, or held in such a manner as to protect the rights and interests of the parties.(c) Notwithstanding any other provision of this section, in the case of an estate for life or defeasible estate with remainder over, the court may direct that the entire proceeds of sale be placed in trust as provided in this section upon a showing that the establishment of such a trust is economically feasible and will serve the best interests of the parties. The court shall appoint a trustee, upon security satisfactory to the court, who under court supervision shall invest and reinvest the proceeds, pay the income of the investments, if any, to the life tenant or owner of the defeasible interest, and upon termination of the life or defeasible estate, deliver or pay the corpus of the trust estate to the remainderman. The court shall retain jurisdiction over the settlement of the accounts of the trustee and in all matters necessary for the proper administration of the trust and the final distribution of the trust fund.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 873.850 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 6 - Sale of the Property|ARTICLE 4 - Disposition of Proceeds of Sale|Section 873.850.

873.850.  When the proceeds of the sale belonging to persons who are parties to the action, whether known or unknown, have not been allocated among such parties, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, at the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy, by pleadings, as in an original action.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 1 - Allowance and Apportionment of Costs of Partition|Section 874.010.

874.010.  The costs of partition include:(a) Reasonable attorney’s fees incurred or paid by a party for the common benefit.(b) The fee and expenses of the referee.(c) The compensation provided by contract for services of a surveyor or other person employed by the referee in the action.(d) The reasonable costs of a title report procured pursuant to Section 872.220 with interest thereon at the legal rate from the time of payment or, if paid before commencement of the action, from the time of commencement of the action. (e) Other disbursements or expenses determined by the court to have been incurred or paid for the common benefit.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 1 - Allowance and Apportionment of Costs of Partition|Section 874.020.

874.020.  The costs of partition include reasonable expenses, including attorney’s fees, necessarily incurred by a party for the common benefit in prosecuting or defending other actions or other proceedings for the protection, confirmation, or perfection of title, setting the boundaries, or making a survey of the property, with interest thereon at the legal rate from the time of making the expenditures.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 1 - Allowance and Apportionment of Costs of Partition|Section 874.030.

874.030.  Where disbursements have been made by a party under the direction of the court, interest at the legal rate shall be allowed thereon from the time of making such disbursements.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 1 - Allowance and Apportionment of Costs of Partition|Section 874.040.

874.040.  Except as otherwise provided in this article, the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 1 - Allowance and Apportionment of Costs of Partition|Section 874.050.

874.050.  (a) The court may order that the share of the costs apportioned to a future interest be paid by other parties to the action or by the persons who are then the presumptive owners of the future interest.(b) Where the court orders payment pursuant to this section, such payment is subject to a right of reimbursement, with interest at the legal rate, secured by a charge upon the future interest.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 2 - Payment of Costs of Partition|Section 874.110.

874.110.  (a) The costs of partition as apportioned by the court may be ordered paid in whole or in part prior to judgment.(b) Any costs that remain unpaid shall be included and specified in the judgment.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 2 - Payment of Costs of Partition|Section 874.120.

874.120.  (a) The costs shall be a lien on the share of the party specified. (b) A lien imposed by this section has priority over any other lien on the share except those imposed under this section.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 2 - Payment of Costs of Partition|Section 874.130.

874.130.  Upon application of a person entitled to a lien imposed under this article and upon a showing of good cause, the court may order a sale of all or a portion of the property before or after judgment for the benefit of all such lien claimants without priority among them.(Added by Stats. 1976, Ch. 73.)
CA Civ Pro Code § 874.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 10.5 - PARTITION OF REAL AND PERSONAL PROPERTY|CHAPTER 8 - Costs of Partition|ARTICLE 2 - Payment of Costs of Partition|Section 874.140.

874.140.  A judgment for unpaid costs of partition may be enforced by the person entitled to the costs in the manner provided for enforcement of money judgments generally against the share of the party specified in the judgment or against other property of the party.(Amended by Stats. 1982, Ch. 497, Sec. 60. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
CA Civ Pro Code § 995.010 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.010.

995.010.  This chapter shall be known and may be cited as the Bond and Undertaking Law.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.020 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.020.

995.020.  (a) The provisions of this chapter apply to a bond or undertaking executed, filed, posted, furnished, or otherwise given as security pursuant to any statute of this state, except to the extent the statute prescribes a different rule or is inconsistent.(b) The provisions of this chapter apply to a bond or undertaking given at any of the following times:(1) On or after January 1, 1983.(2) Before January 1, 1983, to the extent another surety is substituted for the original surety on or after January 1, 1983, or to the extent the principal gives a new, additional, or supplemental bond or undertaking on or after January 1, 1983.Except to the extent provided in this section, the law governing a bond or undertaking given before January 1, 1983, is the law applicable to the bond or undertaking immediately before January 1, 1983, pursuant to Section 414 of Chapter 517 of the Statutes of 1982.(c) The provisions of this chapter do not apply to a bail bond or an undertaking of bail.(Amended by Stats. 1983, Ch. 18, Sec. 18.2. Effective April 21, 1983.)
CA Civ Pro Code § 995.030 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.030.

995.030.  If service of a notice, paper, or other document is required under this chapter, service shall be made in the same manner as service of process in civil actions generally.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.040 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.040.

995.040.  An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.050 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.050.

995.050.  The times provided in this chapter, or in any other statute relating to a bond given in an action or proceeding, may be extended pursuant to Sections 1054 and 1054.1.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.110 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.110.

995.110.  Unless the provision or context otherwise requires, the definitions in this article govern the construction of this chapter.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.120 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.120.

995.120.  (a) “Admitted surety insurer” means a corporate insurer or a reciprocal or interinsurance exchange to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state, as defined in Section 105 of the Insurance Code.(b) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the phrases “admitted surety insurer,” “authorized surety company,” “bonding company,” “corporate surety,” and comparable phrases used in the statute mean “admitted surety insurer” as defined in this section.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.130 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.130.

995.130.  (a) “Beneficiary” means the person for whose benefit a bond is given, whether executed to, in favor of, in the name of, or payable to the person as an obligee.(b) If a bond is given for the benefit of the State of California or the people of the state, “beneficiary” means the court, officer, or other person required to determine the sufficiency of the sureties or to approve the bond.(c) For the purpose of application of this chapter to a bond given pursuant to any statute of this state, the terms “beneficiary,” “obligee,” and comparable terms used in the statute mean “beneficiary” as defined in this section.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.140 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.140.

995.140.  (a) “Bond” includes both of the following:(1) A surety, indemnity, fiduciary, or like bond executed by both the principal and sureties.(2) A surety, indemnity, fiduciary, or like undertaking executed by the sureties alone.(b) A bond provided for or given “in an action or proceeding” does not include a bond provided for, or given as, a condition of a license or permit.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.150 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.150.

995.150.  “Court” means, if a bond is given in an action or proceeding, the court in which the action or proceeding is pending.(Added by Stats. 1982, Ch. 998, Sec. 1.)
CA Civ Pro Code § 995.160 (2021)
2021 California Code|Code of Civil Procedure - CCP|PART 2 - OF CIVIL ACTIONS|TITLE 14 - OF MISCELLANEOUS PROVISIONS|CHAPTER 2 - Bonds and Undertakings|ARTICLE 1 - Preliminary Provisions and Definitions|Section 995.160.

995.160.  “Officer” means the sheriff, marshal, clerk of court, judge or magistrate (if there is no clerk), board, commission, department, or other public official or entity to whom the bond is given or with whom a copy of the bond is filed or who is required to determine the sufficiency of the sureties or to approve the bond.(Amended by Stats. 1996, Ch. 872, Sec. 19. Effective January 1, 1997.)