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ASSEMBLY BILL 1671 (MCALISTER-1976)

CHAPTER 73, STATUTES OF 1976

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Code of Civil Procedure sections 872.010 et seq. as well as Civil Code sections 392, 801.3, 1354, and 1355, Probate Code section 1103, and Revenue and Taxation Code section 3965, as dealing with the partition of real or personal property, were added or amended in 1976 following legislative approval of Assembly Bill 1671.  The bill was introduced on April 14, 1975 by Assembly member Alister McAlister on behalf of the California Law Revision Commission [hereafter “the Commission” or “the CLRC”].  (See Exhibit A, #1a and #3) 

 
No action was taken on Assembly Bill 1671 during the 1975 legislative session.  (See Exhibit A, #2)  In January of 1976, the second session of the biennium, the bill was moved and heard in the Assembly Committee on Judiciary and the Senate Committee on Judiciary.  (See Exhibit A, #3 and #6)  This bill was amended twice as it was considered by the Legislature.  (See Exhibit A, #1b and #1c)  Assembly Bill 1671 was approved by the Legislature on March 11, 1976, signed by Governor Edmund G. Brown, Jr., on March 27, 1976, and recorded on that date as Chapter 73 of the Statutes of 1976.  (See Exhibit A, #1e and #2) 

In a memorandum to the Assembly Committee on Judiciary members, the Commission describes its bill stating:

           Assembly Bill 1671 is a comprehensive revision of the law relating to partition of real or personal property.  The bill embodies recommendations of the California Law Revision Commission.  The Commission's consultant for the partition study was Mr. Garrett Elmore, a practicing attorney who has had experience as a partition referee and who, for many years, was counsel to the State Bar Committee on the Administration of Justice.

(See Exhibit A, #9, document A-1)