§ 857.Setting Petition For Hearing, Notice
Title 10. Actions In Particular Cases · Chapter 8. Actions Against Coowners of Mines · Enacted 2016 · no amendments on record · Last verified July 28, 2026
Full Text of § 857
Plain-English Summary
Once the petition is filed, the clerk takes over scheduling. Section 857 requires the clerk to set the petition for hearing and post notice of the time and place at the county courthouse at least ten days before the hearing date.
Courthouse posting is the statutory floor, not necessarily the ceiling. The court can order whatever further notice it thinks is proper under the circumstances -- useful if, say, the delinquent coowner's whereabouts are uncertain or the case calls for wider notice than a courthouse posting alone provides.
Frequently Asked Questions
Who sets the hearing date on the petition?
The court clerk.
How much advance notice is required?
At least ten days, given by posting notice of the time and place at the county courthouse.
Can the court require more notice than the courthouse posting?
Yes, the court may order such further notice as it deems proper.
Amendment History
Renumbered from Ca. Civ. Proc. Code §854 and amended by Stats 2016 ch 86 (SB 1171),s 36, eff. 1/1/2017.