The referee or any party may, on noticed motion, petition the court for instructions concerning the referee's duties under this title.
§ 873.070.Petition For Instructions
Title 10.5. Partition of Real and Personal Property · Chapter 4. Referees · Article 1. General Provisions · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.070 lets the referee or any party file a noticed motion asking the court for instructions about the referee's duties whenever a question arises about how to proceed.
Full Text of § 873.070
Plain-English Summary
The referee's general authority under § 873.060 won't cover every situation with obvious clarity. This section provides the safety valve: the referee, or any party to the action, may petition the court for instructions concerning the referee's duties.
That petition is made by noticed motion, not an informal request. Using the noticed-motion process means every party gets an opportunity to weigh in before the court gives its instructions, rather than the referee and the court resolving the question alone.
Letting a party raise the question, and not just the referee, matters in practice — a party who disagrees with how the referee is approaching a task has a formal way to bring that disagreement to the court.
Frequently Asked Questions
Who can ask the court for instructions about the referee's duties?
Either the referee or any party to the action.
What kind of motion is required?
A noticed motion, giving other parties the chance to respond before the court rules.
When would this section come into play?
Whenever a genuine question arises about the scope or proper exercise of the referee's duties under this title or the court's order.
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: petition for instructions partition referee california