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.
§ 872.030.Applicability of Statutes and Rules Governing Practice In Civil Actions
Title 10.5. Partition of Real and Personal Property · Chapter 1. General Provisions · Article 1. Preliminary Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 872.030 applies the general statutes and rules governing civil practice to partition actions, except where a specific provision of this title conflicts with them, in which case this title controls.
Full Text of § 872.030
Plain-English Summary
Partition actions aren't governed by an isolated set of rules. Rather than restate every procedural rule already found elsewhere in the Code of Civil Procedure, this section incorporates them wholesale -- pleading standards, discovery, motion practice, trial procedure -- and applies them to partition cases the same way they apply to any other civil action.
The only carve-out is for genuine conflicts. Where this title sets its own specific rule -- the complaint contents required by § 872.230, for example, or the joinder rules of § 872.510 -- that specific rule controls over the general civil-practice rule it displaces. Everywhere else, ordinary civil procedure fills the gaps this title leaves open.
Frequently Asked Questions
Do the ordinary rules of civil procedure apply to a partition lawsuit?
Yes. Section 872.030 applies the general statutes and rules governing civil actions to partition actions.
What happens when this title's rules conflict with general civil procedure?
This title's specific provision controls over the inconsistent general rule.
Why does this title bother incorporating general civil procedure instead of writing its own complete set of rules?
Partition actions still need pleading, discovery, and trial rules like any other lawsuit. Rather than duplicate that framework, the title borrows it and only departs from it where partition practice truly requires something different.
Amendment History
Added by Stats. 1976, Ch. 73.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: civil procedure rules apply to partition actions california