The Court first notes that this action is governed by the Partition of Real Property Act and Plaintiff will be required to follow the procedures for partition under this Act. That being said, the Court finds that CCP 872.820 and CCP 874.318(a) do not "coexist." CCP 874.313(a) states that "[i]n an action to partition real property, the property shall be partitioned under this chapter." Sections 874.318(a) and 872.820 have different standards. Under section 872.820, sale is appropriate where it would be more equitable than division of the property. Under 874.318(a), partition in kind is required, unless it will result in great prejudice. The standard under CCP 872.820 simply does not apply, because it is inconsistent with the Partition Act.

The Court further notes that apportionment of any costs will not be governed by section 874.040 but rather section 874.321.5 The Court does not find that reference to 873.010, 874.010, and 874.030 in the Complaint is improper to the extent that section 874.315 supplement sections 873.010, 874.010, and 874.030. =(501/CFH)

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