Any party to the agreement or the referee, upon 10 days' notice to the referee if the referee is not the moving party and to the other parties to the agreement, may move the court to confirm, modify, or set aside the report.
§ 873.950.Motion to Confirm, Modify Or Set Aside Report
Title 10.5. Partition of Real and Personal Property · Chapter 7. Partition by Appraisal · Enacted 1976 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 873.950 lets any party to the agreement, or the referee, move to confirm, modify, or set aside the appraisal report, on ten days' notice to the referee if the referee isn't the one bringing the motion, and to the other parties to the agreement.
Full Text of § 873.950
Plain-English Summary
After the referee files the appraisal report under § 873.940, the report isn't final until someone brings it before the court. Either a party to the agreement or the referee can make that motion, asking the court to confirm, modify, or set aside the report.
The notice requirement is short but has to reach the right people: ten days' notice to the referee, unless the referee is the one making the motion, and ten days' notice to the other parties to the agreement in every case. That motion leads directly into the hearing procedure § 873.960 describes.
Frequently Asked Questions
Who can ask the court to confirm, modify, or set aside the appraisal report?
Any party to the agreement, or the referee who prepared it.
How much notice does this motion require?
Ten days, given to the referee (if the referee isn't the moving party) and to the other parties to the agreement.
What happens after this motion is filed?
The court holds the hearing described in § 873.960 and examines the report and any witnesses.
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: motion to confirm appraisal report partition californiaset aside referee appraisal report