(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.
§ 873.670.Sale At Public Auction
Title 10.5. Partition of Real and Personal Property · Chapter 6. Sale of the Property · Article 2. Sales Procedures · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.670 requires a public auction sale to go to the highest bidder, held in the county where the action is pending or another place the court specifies, generally with the personal property physically present, and lets the referee postpone the sale by public declaration the same way an execution sale can be postponed.
Full Text of § 873.670
(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.
Plain-English Summary
This section sets the mechanics for a public auction under this chapter. Subdivision (a) requires the auction to go to the highest bidder, held in the county in which the action is pending or such other place as the court specifies.
For personal property, subdivision (b) sets a default expectation that the property itself will be present at the sale, unless the court orders otherwise — letting bidders inspect what they're buying before they bid.
Subdivision (c) gives the referee a practical tool for handling delays: the sale may be postponed by public declaration, following the same procedure used for postponing a sale upon execution, without needing to seek fresh court permission for each postponement.
Frequently Asked Questions
Where is a public auction sale under this chapter held?
In the county where the action is pending, or another place the court specifies.
Does personal property have to be physically present at the auction?
Yes, unless the court orders otherwise.
Can the referee postpone an auction once it's been noticed?
Yes, by public declaration, following the same procedure used for postponing a sale upon execution.
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: public auction sale partition california