Detailed Answer
After you serve all parties in a California partition action and the 30-day response period under Code of Civil Procedure section 430.40 has expired, you must formally set a hearing date to move your case forward. Below are the typical steps to schedule a partition hearing:
1. Identify the Type of Hearing Required
Partition actions often involve one or more of the following hearings:
- Preliminary accounting or rent accounting.
- Appointment of a referee to oversee sale or division. (See CCP § 873.020.)
- Final partition trial on the merits. (See CCP § 872.610 et seq.)
2. Reserve a Court Department and Date
Contact the civil clerk or check the court’s online scheduling system to find an available date. Confirm whether the court requires a case management conference (CMC) first. Under California Rules of Court, rule 3.724, most superior courts require a CMC before trial settings.
3. File a Case Management Statement (if required)
File Judicial Council Form CM-110 at least 15 days before the CMC. Include a statement of your readiness to proceed to partition, any pending motions, and discovery status. Courts use this statement to confirm readiness for trial or further scheduling.
4. Serve and File a Notice of Hearing or Notice of Trial
Use a “Notice of Trial” or “Notice of Hearing” document specifying the time, date, department, and nature of the hearing. Under CCP § 872.810, notice must be given “in the same manner as in other civil actions.” In most counties, you must personally serve the notice at least 16 court days before the hearing (see California Rules of Court, rule 3.700(d)).
5. Prepare and Lodge Proposed Orders and Exhibits
If you seek appointment of a referee (common in partition sales), submit a proposed order under CCP § 873.020. Attach exhibits such as a list of assets, proposed method of sale, or property valuations.
6. File Proof of Service and Pay Fees
After serving the Notice of Hearing, file a Proof of Service with the clerk. Pay any required hearing or trial-setting fee. Keep a conformed copy for your records.
7. Complete Mandatory ADR and Disclosure Requirements
Civil cases in California must meet ADR obligations. File the Notice of Case Management Conference and ADR Certification (Form CM-110) or local ADR form. Exchange any preliminary disclosures or reports on valuation if the court orders.
8. Attend the Hearing
Arrive early with courtesy copies of all filed documents, proposed orders, and witness lists. Be prepared to present a concise overview of the issues—accounting, proposed referee appointment, or partition method.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Check your local court’s website for specific filing deadlines and department procedures.
- Use Judicial Council court forms whenever available to avoid formatting errors.
- Calendar all deadlines in your case management system to prevent missing service or filing dates.
- Consider stipulating with other parties on hearing dates to streamline scheduling.
- Keep a clear record of all filings, service proofs, and correspondence with the court.