Code of Civil Procedure

Part 3 of 17 · provisions 401–600

This provision defines which days count as holidays under the code.

Jurisdiction: United States — California
Instrument: Code
Citation: CCP
Version: Undated source snapshot
Language: en
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This section limits confidentiality clauses in settlement agreements and bars courts from entering conflicting secrecy orders, but allows claimant-identity protection at the claimant’s request and allows settlement amounts to stay confidential. Settlement agreements for employment disputes generally cannot block an aggrieved person from getting future employment with the employer or related companies. A minor may disaffirm an enrollment-agreement term that makes the minor waive rights related to a criminal sexual assault or criminal sexual battery; the rest of the agreement stays valid. Settlement terms cannot bar disclosure of factual information in certain serious civil cases, and courts cannot enter conflicting gag orders. A written direction by a court or judge that is not part of a judgment is called an order, and an application for an order is called a motion.

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1245.360.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The required resolution must be adopted by a two-thirds vote of all members of the legislative body.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.360. The resolution required by this article shall be adopted by a vote of two-thirds of all the members of the legislative body. (Added by Stats. 1975, Ch. 1275.)
1245.370.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The legislative body may require a quasi-public entity to pay the costs it reasonably incurs under this article, and may require those costs to be secured in advance by payment, deposit, or other satisfactory security.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.370. The legislative body may require that the quasi-public entity pay all of the costs reasonably incurred by the legislative body under this article. The legislative body may require that such costs be secured by payment or deposit or other satisfactory security in advance of any action by the legislative body under this article. (Added by Stats. 1975, Ch. 1275.)
1245.380.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )
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This section says the article adds to, and does not replace, other legal requirements.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.380. The requirement of this article is in addition to any other requirements imposed by law. Nothing in this article relieves the quasi-public entity from satisfying the requirements of Section 1240.030 or any other requirements imposed by law. (Added by Stats. 1975, Ch. 1275.)
1245.390.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. )
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If a city or county adopts a resolution under this article, it is not liable for damages caused by the property acquisition or the project.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 4. Precondemnation Activities [1245.010 - 1245.390] ( Chapter 4 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Resolution Consenting to Eminent Domain Proceeding by Quasi-Public Entity [1245.310 - 1245.390] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1245.390. The adoption of a resolution pursuant to this article does not make the city or county liable for any damages caused by the acquisition of the property or by the project for which it is acquired. (Added by Stats. 1975, Ch. 1275.)
1250.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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Eminent domain proceedings must be started and prosecuted in superior court, except where Section 1230.060 or Chapter 12 says otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1250.010. Except as otherwise provided in Section 1230.060 and in Chapter 12 (commencing with Section 1273.010), all eminent domain proceedings shall be commenced and prosecuted in the superior court. (Added by Stats. 1975, Ch. 1275.)
1250.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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An eminent domain proceeding must be started in the county where the property is located, unless the property is in more than one county, in which case the plaintiff may start it in any of those counties.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1250.020. (a) Except as provided in subdivision (b), the proceeding shall be commenced in the county in which the property sought to be taken is located. (b) When property sought to be taken is situated in more than one county, the plaintiff may commence the proceeding in any one of such counties. (Added by Stats. 1975, Ch. 1275.)
1250.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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The proper county for trial is the county where the proceeding was commenced, unless subdivision (b) applies.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1250.030. (a) Except as provided in subdivision (b), the county in which the proceeding is commenced pursuant to Section 1250.020 is the proper county for trial of the proceeding. (b) Where the court changes the place of trial pursuant to Section 1250.040, the county to which the proceeding is transferred is the proper county for trial of the proceeding. (Added by Stats. 1975, Ch. 1275.)
1250.040.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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Rules on changing the place of trial for civil actions also apply to eminent domain proceedings.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Jurisdiction and Venue [1250.010 - 1250.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1250.040. The provisions of the Code of Civil Procedure for the change of place of trial of actions apply to eminent domain proceedings. (Added by Stats. 1975, Ch. 1275.)
1250.110.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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An eminent domain proceeding starts when a complaint is filed with the court.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.110. An eminent domain proceeding is commenced by filing a complaint with the court. (Added by Stats. 1975, Ch. 1275.)
1250.120.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The summons generally follows the usual civil-action form, but if service is by publication, the publication must describe the property to be taken clearly enough to give interested persons actual notice.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.120. (a) Except as provided in subdivision (b), the form and contents of the summons shall be as in civil actions generally. (b) Where process is served by publication, in addition to the summons, the publication shall describe the property sought to be taken in a manner reasonably calculated to give persons with an interest in the property actual notice of the pending proceeding. (Added by Stats. 1975, Ch. 1275.)
1250.125.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If a defendant was served by publication and did not get the required offer because the owner could not be located with reasonable diligence, the defendant may contest compensation within one year after judgment for good cause.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.125. (a) Where summons is served by publication, the publication may name only the defendants to be served thereby and describe only the property in which the defendants to be served thereby have or claim interests. (b) Judgment based on failure to appear and answer following service under this section shall be conclusive against the defendants named in respect only to property described in the publication. (c) Notwithstanding subdivision (b), a defendant who did not receive the offer required by Section 7267.2 of the Government Code because the owner could not be located with reasonable diligence, who was served by publication, and who failed to appear, may contest the amount of compensation within one year of the judgment and for good cause shown, whereupon that issue shall be litigated according to the provisions of this title. (Amended by Stats. 1983, Ch. 1079, Sec. 2.)
1250.130.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If the court orders service by publication, the plaintiff must post the summons and complaint on the property sought to be taken and, if needed, record a notice of pendency within 10 days.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.130. Where the court orders service by publication, it shall also order the plaintiff (1) to post a copy of the summons and complaint on the property sought to be taken and (2), if not already recorded, to record a notice of the pendency of the proceeding in the manner provided by Section 1250.150. Such posting and recording shall be done not later than 10 days after the date the order is made. (Added by Stats. 1975, Ch. 1275.)
1250.140.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If the state is a defendant, the summons and complaint must be served on the Attorney General.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.140. Where the state is a defendant, the summons and the complaint shall be served on the Attorney General. (Added by Stats. 1975, Ch. 1275.)
1250.150.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The plaintiff must record a notice of the pending proceeding with the county recorder when the proceeding begins.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Commencement of Proceeding Generally [1250.110 - 1250.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1250.150. The plaintiff, at the time of the commencement of the proceeding, shall record a notice of the pendency of the proceeding in the office of the county recorder of any county in which property described in the complaint is located. A copy of the notice shall be served with the summons and complaint. (Amended by Stats. 1983, Ch. 78, Sec. 2.)
1250.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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Anyone seeking to take property by eminent domain must be named as a plaintiff.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1250.210. Each person seeking to take property by eminent domain shall be named as a plaintiff. (Added by Stats. 1975, Ch. 1275.)
1250.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The plaintiff must name as defendants the people known to have or claim an interest in the property, and may use special naming rules for deceased or unknown claimants.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1250.220. (a) The plaintiff shall name as defendants, by their real names, those persons who appear of record or are known by the plaintiff to have or claim an interest in the property described in the complaint. (b) If a person described in subdivision (a) is dead and the plaintiff knows of a duly qualified and acting personal representative of the estate of such person, the plaintiff shall name such personal representative as a defendant. If a person described in subdivision (a) is dead or is believed by the plaintiff to be dead and if plaintiff knows of no duly qualified and acting personal representative of the estate of such person and states these facts in an affidavit filed with the complaint, plaintiff may name as defendants “the heirs and devisees of ____ (naming such deceased person), deceased, and all persons claiming by, through, or under said decedent,“ naming them in that manner and, where it is stated in the affidavit that such person is believed by the plaintiff to be dead, such person also may be named as a defendant. (c) In addition to those persons described in subdivision (a), the plaintiff may name as defendants “all persons unknown claiming an interest in the property,” naming them in that manner. (d) A judgment rendered in a proceeding under this title is binding and conclusive upon all persons named as defendants as provided in this section and properly served. (Added by Stats. 1975, Ch. 1275.)
1250.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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A person claiming a legal or equitable interest in the property may appear in the eminent domain proceeding and must appear as a defendant even if not named in the complaint.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1250.230. Any person who claims a legal or equitable interest in the property described in the complaint may appear in the proceeding. Whether or not such person is named as a defendant in the complaint, he shall appear as a defendant. (Added by Stats. 1975, Ch. 1275.)
1250.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The plaintiff may join multiple properties in one complaint if they are in the same county and sought for the same project.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1250.240. The plaintiff may join in one complaint all property located within the same county which is sought to be acquired for the same project. (Added by Stats. 1975, Ch. 1275.)
1250.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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A county or other taxing agency with only an ad valorem tax lien does not have to be named as a defendant. A lien holder for a special assessment or related bond must be named as a defendant, may file a certification instead of an answer within 30 days, and must send a copy to all parties. Filing the certification or answer counts as a general appearance.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Parties; Joinder of Property [1250.210 - 1250.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1250.250. (a) If the only interest of the county or other taxing agency in the property described in the complaint is a lien for ad valorem taxes, the county or other taxing agency need not be named as a defendant. (b) The holder of a lien that secures a special assessment or a bond representing the special assessment shall be named as a defendant, regardless of the nature of the special assessment and the manner of collection of the special assessment. The holder of the lien may, instead of an answer, certify to the court within 30 days after service of the summons and complaint on the holder all of the following information: (1) A complete description of the lien. (2) A description of the property encumbered by the lien. (3) The amount remaining due on the lien as of the date of the certificate. (4) The date upon which each installment payable on the lien is due and the amount of each installment. (c) A copy of the certification shall be sent by first-class mail to all parties to the proceeding at the time it is provided to the court. The filing of the certification or answer shall be considered as a general appearance. (Amended by Stats. 1981, Ch. 139, Sec. 1.)
1250.310.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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A complaint in an eminent domain case must include specified information about the parties, property, taking, legal basis, and a map or diagram.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.310. The complaint shall contain all of the following: (a) The names of all plaintiffs and defendants. (b) A description of the property sought to be taken. The description may, but is not required to, indicate the nature or extent of the interest of the defendant in the property. (c) If the plaintiff claims an interest in the property sought to be taken, the nature and extent of such interest. (d) A statement of the right of the plaintiff to take by eminent domain the property described in the complaint. The statement shall include: (1) A general statement of the public use for which the property is to be taken. (2) An allegation of the necessity for the taking as required by Section 1240.030; where the plaintiff is a public entity, a reference to its resolution of necessity; where the plaintiff is a quasi-public entity within the meaning of Section 1245.320, a reference to the resolution adopted pursuant to Article 3 (commencing with Section 1245.310) of Chapter 4; where the plaintiff is a nonprofit hospital, a reference to the certificate required by Section 1260 of the Health and Safety Code; where the plaintiff is a public utility and relies on a certification of the State Energy Resources Conservation and Development Commission or a requirement of that commission that development rights be acquired, a reference to such certification or requirement. (3) A reference to the statute that authorizes the plaintiff to acquire the property by eminent domain. Specification of the statutory authority may be in the alternative and may be inconsistent. (e) A map or diagram portraying as far as practicable the property described in the complaint and showing its location in relation to the project for which it is to be taken. (Amended by Stats. 1975, Ch. 1275.)
1250.320.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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A defendant’s answer in an eminent domain case must state the nature and extent of the defendant’s claimed interest in the property, and if compensation is sought under certain provisions, must also state that claim without giving the amount.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.320. (a) The answer shall include a statement of the nature and extent of the interest the defendant claims in the property described in the complaint. (b) If the defendant seeks compensation provided in Article 6 (commencing with Section 1263.510) (goodwill) of Chapter 9, the answer shall include a statement that the defendant claims compensation under Section 1263.510, but the answer need not specify the amount of that compensation. (c) If the defendant seeks compensation as provided in Article 1 (commencing with Section 1245.010) of Chapter 4, the answer shall include a statement that the defendant claims compensation under Section 1245.060, but need not specify the amount of that compensation. (d) If the defendant seeks compensation for losses caused by the plaintiff’s unreasonable conduct prior to commencing the eminent domain proceeding, the answer shall include a statement that the defendant claims compensation for that loss, but need not specify the amount of the compensation. (Amended by Stats. 2021, Ch. 401, Sec. 5. (AB 1578) Effective January 1, 2022.)
1250.325.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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A defendant may file a disclaimer at any time, but it must be signed and says the defendant claims no interest in the property or compensation. After filing, the defendant has no right to further participate or share in the award, and the court may enter orders to implement the disclaimer.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.325. (a) A defendant may file a disclaimer at any time, whether or not he is in default, and the disclaimer supersedes an answer previously filed by the defendant. The disclaimer need not be in any particular form. It shall contain a statement that the defendant claims no interest in the property or in the compensation that may be awarded. Notwithstanding Section 1250.330, the disclaimer shall be signed by the defendant. (b) Subject to subdivision (c), a defendant who has filed a disclaimer has no right to participate in further proceedings or to share in the compensation awarded. (c) The court may implement the disclaimer by appropriate orders including, where justified, awarding costs and litigation expenses. (Added by Stats. 1975, Ch. 1275.)
1250.330.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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If a party is represented by an attorney, the pleading does not need verification, but the attorney must sign it.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.330. Where a party is represented by an attorney, his pleading need not be verified but shall be signed by the attorney for the party. The signature of the attorney constitutes a certificate by him that he has read the pleading and that to the best of his knowledge, information, and belief there is ground to support it. If the pleading is not signed or is signed with intent to defeat the purposes of this section, it may be stricken. (Added by Stats. 1975, Ch. 1275.)
1250.340.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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The court may allow amendments or supplements to pleadings, and specific property changes in eminent domain pleadings are allowed only if stated conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.340. (a) Subject to subdivisions (b) and (c), the court may allow upon such terms and conditions as may be just an amendment or supplement to any pleading. In the case of an amendment or supplement to the complaint, such terms and conditions may include a change in the applicable date of valuation for the proceeding and an award of costs and litigation expenses which would not have been incurred had the proceeding as originally commenced been the same as the proceeding following such amendment or supplement. (b) A public entity may add to the property sought to be taken only if it has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4 for the property to be added. (c) Property previously sought to be taken may be deleted from the complaint only if the plaintiff has followed the procedure for partial abandonment of the proceeding as to that property. (Added by Stats. 1975, Ch. 1275.)
1250.345.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. )
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If the defendant does not object to the complaint by demurrer or answer, the objection is treated as waived, subject to the court’s power to allow an amendment of the answer.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Pleadings [1250.310 - 1250.345] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1250.345. Subject to the power of the court to permit an amendment of the answer, if the defendant fails to object to the complaint, either by demurrer or answer, he is deemed to have waived the objection. (Added by Stats. 1975, Ch. 1275.)
1250.350.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. )
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A defendant may object to the plaintiff’s right to take, but must do so by demurrer or answer and state the specific ground, and if using an answer, the specific facts.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1250.350. A defendant may object to the plaintiff’s right to take, by demurrer or answer as provided in Section 430.30, on any ground authorized by Section 1250.360 or Section 1250.370. The demurrer or answer shall state the specific ground upon which the objection is taken and, if the objection is taken by answer, the specific facts upon which the objection is based. An objection may be taken on more than one ground, and the grounds may be inconsistent. (Added by Stats. 1975, Ch. 1275.)
1250.360.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. )
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This section lists grounds for objecting to a condemnation case’s right to take property.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1250.360. Grounds for objection to the right to take, regardless of whether the plaintiff has adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4, include: (a) The plaintiff is not authorized by statute to exercise the power of eminent domain for the purpose stated in the complaint. (b) The stated purpose is not a public use. (c) The plaintiff does not intend to devote the property described in the complaint to the stated purpose. (d) There is no reasonable probability that the plaintiff will devote the described property to the stated purpose within (1) seven years, or (2) 10 years where the property is taken pursuant to the Federal Aid Highway Act of 1973, or (3) such longer period as is reasonable. (e) The described property is not subject to acquisition by the power of eminent domain for the stated purpose. (f) The described property is sought to be acquired pursuant to Section 1240.410 (excess condemnation), 1240.510 (condemnation for compatible use), or 1240.610 (condemnation for more necessary public use), but the acquisition does not satisfy the requirements of those provisions. (g) The described property is sought to be acquired pursuant to Section 1240.610 (condemnation for more necessary public use), but the defendant has the right under Section 1240.630 to continue the public use to which the property is appropriated as a joint use. (h) Any other ground provided by law. (Added by Stats. 1975, Ch. 1275.)
1250.370.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. )
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This section lists additional grounds for objecting to a plaintiff’s right to take in an eminent domain case when no qualifying resolution of necessity has been adopted.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Objections to Right to Take [1250.350 - 1250.370] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1250.370. In addition to the grounds listed in Section 1250.360, grounds for objection to the right to take where the plaintiff has not adopted a resolution of necessity that conclusively establishes the matters referred to in Section 1240.030 include: (a) The plaintiff is a public entity and has not adopted a resolution of necessity that satisfies the requirements of Article 2 (commencing with Section 1245.210) of Chapter 4. (b) The public interest and necessity do not require the proposed project. (c) The proposed project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (d) The property described in the complaint is not necessary for the proposed project. (e) The plaintiff is a quasi-public entity within the meaning of Section 1245.320 and has not satisfied the requirements of Article 3 (commencing with Section 1245.310) of Chapter 4. (Added by Stats. 1975, Ch. 1275.)
1250.410.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. )
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The plaintiff and defendant must exchange final compensation filings at least 20 days before trial on compensation issues, and those filings must include required compensation items and state whether interest and costs are included.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. ) ## 1250.410. (a) At least 20 days prior to the date of the trial on issues relating to compensation, the plaintiff shall file with the court and serve on the defendant its final offer of compensation in the proceeding and the defendant shall file and serve on the plaintiff its final demand for compensation in the proceeding. The offer and the demand shall include all compensation required pursuant to this title, including compensation for loss of goodwill, if any, and shall state whether interest and costs are included. These offers and demands shall be the only offers and demands considered by the court in determining the entitlement, if any, to litigation expenses. Service shall be in the manner prescribed by Chapter 5 (commencing with Section 1010) of Title 14 of Part 2. (b) If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the plaintiff was unreasonable and that the demand of the defendant was reasonable viewed in the light of the evidence admitted and the compensation awarded in the proceeding, the costs allowed pursuant to Section 1268.710 shall include the defendant’s litigation expenses. (c) In determining the amount of litigation expenses allowed under this section, the court shall consider the offer required to be made by the plaintiff pursuant to Section 7267.2 of the Government Code, any deposit made by the plaintiff pursuant to Chapter 6 (commencing with Section 1255.010), and any other written offers and demands filed and served before or during the trial. (d) If timely made, the offers and demands as provided in subdivision (a) shall be considered by the court on the issue of determining an entitlement to litigation expenses. (e) As used in this section, “litigation expenses” means the party’s reasonable attorney’s fees and costs, including reasonable expert witness and appraiser fees. (Amended by Stats. 2006, Ch. 594, Sec. 1. Effective January 1, 2007.)
1250.420.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. )
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Parties in an eminent domain case may agree to resolve the dispute by mediation or arbitration, and a party has 30 days after service of a nonbinding arbitration decision to ask the court for a trial.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. ) ## 1250.420. The parties may by agreement refer a dispute that is the subject of an eminent domain proceeding for resolution by any of the following means: (a) Mediation by a neutral mediator. (b) Binding arbitration by a neutral arbitrator. The arbitration is subject to Chapter 12 (commencing with Section 1273.010). (c) Nonbinding arbitration by a neutral arbitrator. The arbitrator’s decision in a nonbinding arbitration is final unless within 30 days after service of the arbitrator’s decision a party moves the court for a trial of the eminent domain proceeding. If the judgment in the eminent domain proceeding is not more favorable to the moving party, the court shall order that party to pay to the other parties the following nonrefundable costs and fees, unless the court finds in writing and on motion that the imposition of costs and fees would create such a substantial economic hardship as not to be in the interest of justice: (1) All costs specified in Section 1033.5, limited to those incurred from the time of election of the trial de novo. Nothing in this subdivision affects the right of a defendant to recover costs otherwise allowable pursuant to Section 1268.710, incurred before election of a trial de novo, except that a defendant may recover the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section 1260.220 whenever incurred. (2) The reasonable costs of the services of expert witnesses who are not regular employees of any party, actually incurred and reasonably necessary in the preparation or trial of the case, limited to those incurred from the time of election of the trial de novo. (3) The compensation paid by the parties to the arbitrator. (Added by Stats. 2001, Ch. 428, Sec. 3. Effective January 1, 2002.)
1250.430.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. )
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A court may postpone an eminent domain trial date, on a party’s motion, if the listed ADR-related conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 5. Commencement of Proceeding [1250.010 - 1250.430] ( Chapter 5 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Settlement Offers and Alternative Dispute Resolution [1250.410 - 1250.430] ( Heading of Article 6 amended by Stats. 2001, Ch. 428, Sec. 1. ) ## 1250.430. Notwithstanding any other statute or rule of court governing the date of trial of an eminent domain proceeding, on motion of a party the court may postpone the date of trial for a period that appears adequate to enable resolution of a dispute pursuant to alternative resolution procedures, if it is demonstrated to the satisfaction of the court that all of the following conditions are satisfied: (a) The parties are actively engaged in alternative resolution of the dispute pursuant to Section 1250.420. (b) The parties appear to be making progress toward resolution of the dispute without the need for a trial of the matter. (c) The parties agree that additional time for the purpose of alternative dispute resolution is desirable. (Added by Stats. 2001, Ch. 428, Sec. 4. Effective January 1, 2002.)
1255.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
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A plaintiff may deposit probable compensation with the State Treasury before judgment, but must base it on an appraisal and follow appraisal-basis requirements; in an emergency, the court can allow an early deposit without prior compliance if specified showings are made.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.010. (a) At any time before entry of judgment, the plaintiff may deposit with the State Treasury the probable amount of compensation, based on an appraisal, that will be awarded in the proceeding. The appraisal upon which the deposit is based shall be one that satisfies the requirements of subdivision (b). The deposit may be made whether or not the plaintiff applies for an order for possession or intends to do so. (b) Before making a deposit under this section, the plaintiff shall have an expert qualified to express an opinion as to the value of the property (1) make an appraisal of the property and (2) prepare a written statement of, or summary of the basis for, the appraisal. The statement or summary shall contain detail sufficient to indicate clearly the basis for the appraisal, including, but not limited to, all of the following information: (A) The date of valuation, highest and best use, and applicable zoning of the property. (B) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the appraisal. (C) If the appraisal includes compensation for damages to the remainder, the compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits. (c) On noticed motion, or upon ex parte application in an emergency, the court may permit the plaintiff to make a deposit without prior compliance with subdivision (b) if the plaintiff presents facts by affidavit showing that (1) good cause exists for permitting an immediate deposit to be made, (2) an adequate appraisal has not been completed and cannot reasonably be prepared before making the deposit, and (3) the amount of the deposit to be made is not less than the probable amount of compensation that the plaintiff, in good faith, estimates will be awarded in the proceeding. In its order, the court shall require that the plaintiff comply with subdivision (b) within a reasonable time, to be specified in the order, and also that any additional amount of compensation shown by the appraisal required by subdivision (b) be deposited within that time. (Amended by Stats. 2001, Ch. 428, Sec. 5. Effective January 1, 2002.)
1255.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

After making a deposit under Section 1255.010, the plaintiff must serve a notice of deposit, file proof of service, and include required statements or affidavits when applicable.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.020. (a) On making a deposit pursuant to Section 1255.010, the plaintiff shall serve a notice of deposit on all parties who have appeared in the proceeding and file with the court a proof of service together with the notice of deposit. The plaintiff shall so serve parties who appear thereafter on their appearance. The notice of deposit shall state that a deposit has been made and the date and the amount of the deposit. Service of the notice of deposit shall be made in the manner provided in Section 1255.450 for service of an order for possession. (b) The notice of deposit shall be accompanied by a written statement or summary of the basis for the appraisal referred to in Section 1255.010. (c) If the plaintiff has obtained an order under Section 1255.010 deferring completion of the written statement or summary, the plaintiff: (1) On making the deposit, shall comply with subdivision (a) and include with the notice a copy of all affidavits on which the order was based. (2) Upon completion of the written statement or summary, shall comply with subdivision (b). (Amended by Stats. 1990, Ch. 1491, Sec. 10.)
1255.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
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The court can review whether the deposit equals probable compensation after a motion, and the plaintiff may have to increase the deposit if compensation is higher.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.030. (a) At any time after a deposit has been made pursuant to this article, the court shall, upon motion of the plaintiff or of any party having an interest in the property for which the deposit was made, determine or redetermine whether the amount deposited is the probable amount of compensation that will be awarded in the proceeding. The motion shall be supported with detail sufficient to indicate clearly the basis for the motion, including, but not limited to, the following information to the extent relevant to the motion: (1) The date of valuation, highest and best use, and applicable zoning of the property. (2) The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the motion. (3) The compensation for the property and for damages to the remainder separately stated, and the calculations and a narrative explanation supporting the compensation, including any offsetting benefits. (b) If the plaintiff has not taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court may order the plaintiff to increase the deposit or may deny the plaintiff possession of the property until the amount deposited has been increased to the amount specified in the order. (c) If the plaintiff has taken possession of the property and the court determines that the probable amount of compensation exceeds the amount deposited, the court shall order the amount deposited to be increased to the amount determined to be the probable amount of compensation. If the amount on deposit is not increased accordingly within 30 days from the date of the court’s order, or any longer time as the court may have allowed at the time of making the order, the defendant may serve on the plaintiff a notice of election to treat that failure as an abandonment of the proceeding. If the plaintiff does not cure its failure within 10 days after receipt of such notice, the court shall, upon motion of the defendant, enter judgment dismissing the proceeding and awarding the defendant his or her litigation expenses and damages as provided in Sections 1268.610 and 1268.620. (d) After any amount deposited pursuant to this article has been withdrawn by a defendant, the court may not determine or redetermine the probable amount of compensation to be less than the total amount already withdrawn. Nothing in this subdivision precludes the court from making a determination or redetermination that probable compensation is greater than the amount withdrawn. (e) If the court determines that the amount deposited exceeds the probable amount of compensation, it may permit the plaintiff to withdraw the excess not already withdrawn by the defendant. (f) The plaintiff may at any time increase the amount deposited without making a motion under this section. In that case, notice of the increase shall be served as provided in subdivision (a) of Section 1255.020. (Amended by Stats. 2001, Ch. 428, Sec. 6. Effective January 1, 2002.)
1255.040.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A defendant in a small residential dwelling case may require the plaintiff to deposit probable compensation, and the plaintiff can gain possession only after making that deposit on time.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.040. (a) If the plaintiff has not made a deposit that satisfies the requirements of this article and the property includes a dwelling containing not more than two residential units and the dwelling or one of its units is occupied as his or her residence by a defendant, the defendant may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding. The notice shall specify the date by which the defendant desires the deposit to be made. The date shall not be earlier than 30 days after the date of service of the notice and may be any later date. (b) If the plaintiff deposits the probable amount of compensation, determined or redetermined as provided in this article, on or before the date specified by the defendant, the plaintiff may obtain an order for possession that authorizes the plaintiff to take possession of the property 30 days after the date for the deposit specified by the defendant or any later date as the plaintiff may request. (c) Notwithstanding Section 1268.310, if the deposit is not made on or before the date specified by the defendant or such later date as the court specifies on motion and good cause shown by the plaintiff, the compensation awarded to the defendant in the proceeding shall draw legal interest from that date. The defendant is entitled to the full amount of such interest without offset for rents or other income received by him or her or the value of his or her continued possession of the property. (d) If the proceeding is abandoned by the plaintiff, the interest under subdivision (c) may be recovered as costs in the proceeding in the manner provided for the recovery of litigation expenses under Section 1268.610. If, in the proceeding, the court or a jury verdict eventually determines the compensation that would have been awarded to the defendant, then the interest shall be computed on the amount of the award. If no determination is ever made, then the interest shall be computed on the probable amount of compensation as determined by the court. (e) The serving of a notice pursuant to this section constitutes a waiver by operation of law, conditioned upon subsequent deposit by the plaintiff of the probable amount of compensation, of all claims and defenses in favor of the defendant except his or her claim for greater compensation. (f) Notice of a deposit made under this section shall be served as provided by subdivision (a) of Section 1255.020. The defendant may withdraw the deposit as provided in Article 2 (commencing with Section 1255.210). (g) No notice may be served by a defendant under subdivision (a) after entry of judgment unless the judgment is reversed, vacated, or set aside and no other judgment has been entered at the time the notice is served. (Amended by Stats. 2006, Ch. 594, Sec. 2. Effective January 1, 2007.)
1255.050.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If taken property is subject to a leasehold interest and the plaintiff has not made the required deposit, the lessor may serve notice requiring a deposit of the probable compensation amount.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.050. If the property to be taken is subject to a leasehold interest and the plaintiff has not made a deposit that satisfies the requirements of this article, the lessor may serve notice on the plaintiff requiring a deposit of the probable amount of compensation that will be awarded in the proceeding in the same manner and subject to the same procedures and conditions as a motion pursuant to Section 1255.040 except that, if the plaintiff fails to make the deposit, the interest awarded shall be offset by the lessor’s net rental profits on the property. (Added by Stats. 1975, Ch. 1275.)
1255.060.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

In a compensation trial, the deposit or withdrawal amount and related statements generally cannot be used as evidence or treated as an admission; one related witness may also be barred from testifying on compensation if there is an objection, except for impeachment use if that witness testifies.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.060. (a) The amount deposited or withdrawn pursuant to this chapter may not be given in evidence or referred to in the trial of the issue of compensation. (b) In the trial of the issue of compensation, an appraisal report, written statement and summary of an appraisal, or other statement made in connection with a deposit or withdrawal pursuant to this chapter may not be considered to be an admission of any party. (c) Upon objection of the party at whose request an appraisal report, written statement and summary of the appraisal, or other statement was made in connection with a deposit or withdrawal pursuant to this chapter, the person who made the report or statement and summary or other statement may not be called at the trial on the issue of compensation by any other party to give an opinion as to compensation. If the person who prepared the report, statement and summary, or other statement is called at trial to give an opinion as to compensation, the report, statement and summary, or other statement may be used for impeachment of the witness. (Amended by Stats. 2002, Ch. 295, Sec. 2. Effective January 1, 2003.)
1255.070.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the plaintiff makes a written request, the court must order the money deposited in the county treasury instead of the State Treasury.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.070. In lieu of depositing the money with the State Treasury as provided in Section 1255.010, upon written request of the plaintiff, the court shall order the money be deposited in the county treasury. If money is deposited in the State Treasury pursuant to Section 1255.010, it shall be held, invested, deposited, and disbursed in the manner specified in Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, and interest earned or other increment derived from its investment shall be apportioned and disbursed in the manner specified in that article. As between the parties to the proceeding, money deposited pursuant to this article shall remain at the risk of the plaintiff until paid or made payable to the defendant by order of the court. (Amended by Stats. 1990, Ch. 1491, Sec. 11.)
1255.075.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Before judgment, an eligible defendant may ask the court to invest a deposit for the defendants’ benefit, and the court may grant the request with suitable conditions.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.075. (a) Prior to entry of judgment, a defendant who has an interest in the property for which a deposit has been made under this chapter may, upon notice to the other parties to the proceeding, move the court to have all of such deposit invested for the benefit of the defendants. (b) At the hearing on the motion, the court shall consider the interests of the parties and the effect that investment would have upon them. The court may, in its discretion, if it finds that the interests of justice will be served, grant the motion subject to such terms and conditions as are appropriate under the circumstances of the case. (c) An investment under this section shall be specified by the court and shall be limited to United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government. (d) The investment of the deposit has the same consequences as if the deposit has been withdrawn under this chapter. (Added by Stats. 1975, Ch. 1275.)
1255.080.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the plaintiff deposits probable compensation under this article, that deposit does not waive the plaintiff’s rights to appeal, abandon, or request a new trial.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Deposit of Probable Compensation [1255.010 - 1255.080] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1255.080. By depositing the probable compensation pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. (Added by Stats. 1975, Ch. 1275.)
1255.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Before judgment, a defendant may apply to the court to withdraw some or all deposited compensation, but the application must be verified, state the applicant’s interest, specify a withdrawal amount, and be served on the plaintiff.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.210. Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be verified, set forth the applicant’s interest in the property, and request withdrawal of a stated amount. The applicant shall serve a copy of the application on the plaintiff. (Added by Stats. 1975, Ch. 1275.)
1255.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The court must order payment to the applicant of the amount requested, or the portion the applicant is entitled to receive, subject to this article.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.220. Subject to the requirements of this article, the court shall order the amount requested in the application, or such portion of that amount as the applicant is entitled to receive, to be paid to the applicant. (Added by Stats. 1975, Ch. 1275.)
1255.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
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This section limits when a withdrawal can be ordered and lets the plaintiff object within 20 days on specified grounds.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.230. (a) No withdrawal may be ordered until 20 days after service on the plaintiff of a copy of the application or until the time for all objections has expired, whichever is later. (b) Within the 20-day period, the plaintiff may file objections to withdrawal on any one or more of the following grounds: (1) Other parties to the proceeding are known or believed to have interests in the property. (2) An undertaking should be filed by the applicant as provided in Section 1255.240 or 1255.250. (3) The amount of an undertaking filed by the applicant under this chapter or the sureties thereon are insufficient. (c) If an objection is filed on the ground that other parties are known or believed to have interests in the property, the plaintiff shall serve or attempt to serve on such other parties a notice that they may appear within 10 days after such service and object to the withdrawal. The notice shall advise such parties that their failure to object will result in waiver of any rights against the plaintiff to the extent of the amount withdrawn. The notice shall be served in the manner provided in Section 1255.450 for service of an order for possession. The plaintiff shall file, and serve on the applicant, a report setting forth (1) the names of the parties upon whom the notice was served and the dates of service and (2) the names and last known addresses of the other parties who are known or believed to have interests in the property but who were not so served. The applicant may serve parties whom the plaintiff has been unable to serve. Parties served in the manner provided in Section 1255.450 shall have no claim against the plaintiff for compensation to the extent of the amount withdrawn by all applicants. The plaintiff shall remain liable to parties having an interest of record who are not so served but, if such liability is enforced, the plaintiff shall be subrogated to the rights of such parties under Section 1255.280. (d) If any party objects to the withdrawal, or if the plaintiff so requests, the court shall determine, upon hearing, the amounts to be withdrawn, if any, and by whom. (Added by Stats. 1975, Ch. 1275.)
1255.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A court may require an applicant to post an undertaking before withdrawing disputed deposit funds, and the applicant may lose the ability to recover the premium in a title-dispute situation.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.240. (a) If the court determines that an applicant is entitled to withdraw any portion of a deposit that another party claims or to which another person may be entitled, the court may require the applicant, before withdrawing such portion, to file an undertaking. The undertaking shall secure payment to such party or person of any amount withdrawn that exceeds the amount to which the applicant is entitled as finally determined in the proceeding, together with interest as provided in Section 1255.280. If withdrawal is permitted notwithstanding the lack of personal service of the application for withdrawal upon any party to the proceeding, the court may also require that the undertaking indemnify the plaintiff against any liability it may incur under Section 1255.230. The undertaking shall be in such amount as is fixed by the court, but if executed by an admitted surety insurer the amount shall not exceed the portion claimed by the adverse claimant or appearing to belong to another person. If executed by two or more sufficient sureties, the amount shall not exceed double such portion. (b) If the undertaking is required primarily because of an issue as to title between the applicant and another party or person, the applicant filing the undertaking is not entitled to recover the premium reasonably paid for the undertaking as a part of the recoverable costs in the eminent domain proceeding. (Amended by Stats. 1982, Ch. 517, Sec. 182.)
1255.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the deposited amount was increased and the withdrawal request exceeds the original deposit, the applicant must file an undertaking to cover any excess withdrawal plus interest.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.250. (a) If the amount originally deposited is increased pursuant to Section 1255.030 and the total amount sought to be withdrawn exceeds the amount of the original deposit, the applicant, or each applicant if there are two or more, shall file an undertaking. The undertaking shall be in favor of the plaintiff and shall secure repayment of any amount withdrawn that exceeds the amount to which the applicant is entitled as finally determined in the eminent domain proceeding, together with interest as provided in Section 1255.280. If the undertaking is executed by an admitted surety insurer, the undertaking shall be in the amount by which the total amount to be withdrawn exceeds the amount originally deposited. If the undertaking is executed by two or more sufficient sureties, the undertaking shall be in double such amount, but the maximum amount that may be recovered from such sureties is the amount by which the total amount to be withdrawn exceeds the amount originally deposited. (b) If there are two or more applicants, the applicants, in lieu of filing separate undertakings, may jointly file a single undertaking in the amount required by subdivision (a). (Amended by Stats. 1982, Ch. 517, Sec. 183.)
1255.260.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If part of a deposited amount is withdrawn, receiving that money counts as a legal waiver of all claims and defenses, except a claim for greater compensation.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.260. If any portion of the money deposited pursuant to this chapter is withdrawn, the receipt of any such money shall constitute a waiver by operation of law of all claims and defenses in favor of the persons receiving such payment except a claim for greater compensation. (Added by Stats. 1975, Ch. 1275.)
1255.280.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The court must enter judgment when a withdrawn amount exceeds what the party is finally entitled to, and that judgment usually does not include interest unless a stated exception applies.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Withdrawal of Deposit [1255.210 - 1255.280] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1255.280. (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly. (b) The judgment so entered shall not include interest except in the following cases: (1) Any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant. (2) If the amount originally deposited by a plaintiff was increased pursuant to Section 1255.030 on motion of a party obligated to pay under this section, any amount that is attributable to such increase and that is to be repaid to the plaintiff shall include legal interest from the date of its withdrawal. (c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment. (d) The court may, in its discretion and with such security, if any, as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section. (Added by Stats. 1975, Ch. 1275.)
1255.410.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The plaintiff can seek a court order for possession in an eminent domain case, and affected owners or occupants can oppose it within set deadlines.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.410. (a) At the time of filing the complaint or at any time after filing the complaint and prior to entry of judgment, the plaintiff may move the court for an order for possession under this article, demonstrating that the plaintiff is entitled to take the property by eminent domain and has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article. The motion shall describe the property of which the plaintiff is seeking to take possession, which description may be by reference to the complaint, and shall state the date after which the plaintiff is seeking to take possession of the property. The motion shall include a statement substantially in the following form: “You have the right to oppose this motion for an order of possession of your property. If you oppose this motion you must serve the plaintiff and file with the court a written opposition to the motion within 30 days from the date you were served with this motion.” If the written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship. (b) The plaintiff shall serve a copy of the motion on the record owner of the property and on the occupants, if any. The plaintiff shall set the court hearing on the motion not less than 60 days after service of the notice of motion on the record owner of unoccupied property. If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service of the notice of motion shall be made not less than 90 days prior to the hearing on the motion. (c) Not later than 30 days after service of the plaintiff’s motion seeking to take possession of the property, any defendant or occupant of the property may oppose the motion in writing by serving the plaintiff and filing with the court the opposition. If the written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship. The plaintiff shall serve and file any reply to the opposition not less than 15 days before the hearing. (d) (1) If the motion is not opposed within 30 days of service on each defendant and occupant of the property, the court shall make an order for possession of the property if the court finds each of the following: (A) The plaintiff is entitled to take the property by eminent domain. (B) The plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article. (2) If the motion is opposed by a defendant or occupant within 30 days of service, the court may make an order for possession of the property upon consideration of the relevant facts and any opposition, and upon completion of a hearing on the motion, if the court finds each of the following: (A) The plaintiff is entitled to take the property by eminent domain. (B) The plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article. (C) There is an overriding need for the plaintiff to possess the property prior to the issuance of final judgment in the case, and the plaintiff will suffer a substantial hardship if the application for possession is denied or limited. (D) The hardship that the plaintiff will suffer if possession is denied or limited outweighs any hardship on the defendant or occupant that would be caused by the granting of the order of possession. (e) (1) Notwithstanding the time limits for notice prescribed by this section and Section 1255.450, a court may issue an order of possession upon an ex parte application by a water, wastewater, gas, electric, or telephone utility, as the court deems appropriate under the circumstances of the case, if the court finds each of the following: (A) An emergency exists and as a consequence the utility has an urgent need for possession of the property. For purposes of this section, an emergency is defined to include, but is not limited to, a utility’s urgent need to protect the public’s health and safety or the reliability of utility service. (B) An emergency order of possession will not displace or unreasonably affect any person in actual and lawful possession of the property to be taken or the larger parcel of which it is a part. (2) Not later than 30 days after service of the order authorizing the plaintiff to take possession of the property, any defendant or occupant of the property may move for relief from an emergency order of possession that has been issued under this subdivision. The court may modify, stay, or vacate the order upon consideration of the relevant facts and any objections raised, and upon completion of a hearing if requested. (Amended by Stats. 2007, Ch. 436, Sec. 1. Effective January 1, 2008.)
1255.440.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If a possession order was issued under Section 1255.410 but the required conditions were not met, the court must vacate the order.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.440. If an order has been made under Section 1255.410 authorizing the plaintiff to take possession of property and the court subsequently determines that the conditions specified in Section 1255.410 for issuance of the order are not satisfied, the court shall vacate the order. (Added by Stats. 1975, Ch. 1275.)
1255.450.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The plaintiff must serve the possession order on the record owner and occupants, with timing and method rules that vary by circumstance.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.450. (a) As used in this section, “record owner” means the owner of the legal or equitable title to the fee or any lesser interest in property as shown by recorded deeds or other recorded instruments. (b) The plaintiff shall serve a copy of the order for possession issued under Section 1255.410 on the record owner of the property and on the occupants, if any. If the property is lawfully occupied by a person dwelling thereon or by a farm or business operation, service shall be made not less than 30 days prior to the time possession is to be taken pursuant to the order. In all other cases, service shall be made not less than 10 days prior to the time possession is to be taken pursuant to the order. Service may be made with or following service of summons. (c) At least 30 days prior to the time possession is taken pursuant to an order for possession made pursuant to Section 1255.040, 1255.050, or 1255.460, the plaintiff shall serve a copy of the order on the record owner of the property and on the occupants, if any. (d) Service of the order shall be made by personal service except that: (1) If the person on whom service is to be made has previously appeared in the proceeding or been served with summons in the proceeding, service of the order may be made by mail upon that person and his or her attorney of record, if any. (2) If the person on whom service is to be made resides out of the state, or has departed from the state or cannot with due diligence be found within the state, service of the order may be made by registered or certified mail addressed to that person at his or her last known address. (e) When the record owner cannot be located, the court may, for good cause shown on ex parte application, authorize the plaintiff to take possession of unoccupied property without serving a copy of the order for possession upon a record owner. (f) A single service upon or mailing to one of several persons having a common business or residence address is sufficient. (Amended by Stats. 2006, Ch. 594, Sec. 6. Effective January 1, 2007.)
1255.460.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

An order for possession under Section 1255.410 must say it is made under this section, describe the property, and state the date after which the plaintiff may take possession.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.460. An order for possession issued pursuant to Section 1255.410 shall: (a) Recite that it has been made under this section. (b) Describe the property to be acquired, which description may be by reference to the complaint. (c) State the date after which plaintiff is authorized to take possession of the property. (Amended by Stats. 2006, Ch. 594, Sec. 7. Effective January 1, 2007.)
1255.470.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the plaintiff takes possession under this chapter, the plaintiff still keeps the right to appeal the judgment, move to abandon, or request a new trial.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.470. By taking possession pursuant to this chapter, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. (Added by Stats. 1975, Ch. 1275.)
1255.480.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This section says the article does not limit a public entity’s right to exercise its police power in emergency situations.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment [1255.010 - 1255.480] ( Chapter 6 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession Prior to Judgment [1255.410 - 1255.480] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1255.480. Nothing in this article limits the right of a public entity to exercise its police power in emergency situations. (Added by Stats. 1975, Ch. 1275.)
1258.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This chapter adds to, but does not replace or limit, discovery procedures in eminent domain cases.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1258.010. The provisions of this chapter supplement but do not replace, restrict, or prevent the use of discovery procedures or limit the matters that are discoverable in eminent domain proceedings. (Added by Stats. 1975, Ch. 1275.)
1258.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
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Discovery in these eminent domain proceedings may occur without a court order, but only up to 20 days before the compensation trial date, and the court may issue protective orders on noticed motion.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1258.020. (a) Notwithstanding any other statute or any court rule relating to discovery, proceedings pursuant to subdivision (b) may be had without requirement of court order and may proceed until not later than 20 days prior to the day set for trial of the issue of compensation. (b) A party to an exchange of lists of expert witnesses and statements of valuation data pursuant to Article 2 (commencing with Section 1258.210) or pursuant to court rule as provided in Section 1258.300 may after the time of the exchange obtain discovery from the other party to the exchange and from any person listed by him as an expert witness. (c) The court, upon noticed motion by the person subjected to discovery pursuant to subdivision (b), may make any order that justice requires to protect such person from annoyance, embarrassment, or oppression. (Amended by Stats. 1992, Ch. 876, Sec. 8. Effective January 1, 1993.)
1258.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
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This chapter does not make otherwise inadmissible evidence admissible, and it does not allow a witness to base an opinion on an improper basis.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Discovery [1258.010 - 1258.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1258.030. Nothing in this chapter makes admissible any evidence that is not otherwise admissible or permits a witness to base an opinion on any matter that is not a proper basis for such an opinion. (Added by Stats. 1975, Ch. 1275.)
1258.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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A party may demand an exchange of expert-witness lists and valuation-data statements within 10 days after the trial date is selected; the court can allow later service for good cause.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.210. (a) Not later than the 10th day after the trial date is selected, any party may file and serve on any other party a demand to exchange lists of expert witnesses and statements of valuation data. Thereafter, the court may, upon noticed motion and a showing of good cause, permit any party to serve such a demand upon any other party. (b) The demand shall: (1) Describe the property to which it relates, which description may be by reference to the complaint. (2) Include a statement in substantially the following form: “You are required to serve and deposit with the clerk of court a list of expert witnesses and statements of valuation data in compliance with Article 2 (commencing with Section 1258.210) of Chapter 7 of Title 7 of Part 3 of the Code of Civil Procedure not later than the date of exchange to be set in accordance with that article. Except as otherwise provided in that article, your failure to do so will constitute a waiver of your right to call unlisted expert witnesses during your case in chief and of your right to introduce on direct examination during your case in chief any matter that is required to be, but is not, set forth in your statements of valuation data.” (Added by Stats. 1975, Ch. 1275.)
1258.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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This section defines the “date of exchange” for valuation-data exchanges in eminent domain cases and says it generally cannot be earlier than nine months after the proceeding starts unless the parties agree otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.220. (a) For the purposes of this article, the “date of exchange” is the date agreed to for the exchange of their lists of expert witnesses and statements of valuation data by the party who served a demand and the party on whom the demand was served or, failing agreement, a date 90 days prior to commencement of the trial on the issue of compensation or the date set by the court on noticed motion of either party establishing good cause therefor. (b) Notwithstanding subdivision (a), unless otherwise agreed to by the parties, the date of exchange shall not be earlier than nine months after the date of commencement of the proceeding. (Amended by Stats. 2001, Ch. 428, Sec. 7. Effective January 1, 2002.)
1258.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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Parties who exchanged a demand must file and serve expert witness lists and valuation data by the date of exchange; the clerk records them, keeps them out of the case file, and returns them after trial unless the court orders otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.230. (a) Not later than the date of exchange: (1) Each party who served a demand and each party upon whom a demand was served shall deposit with the clerk of the court a list of expert witnesses and statements of valuation data. (2) A party who served a demand shall serve his list and statements upon each party on whom he served his demand. (3) Each party on whom a demand was served shall serve his list and statements upon the party who served the demand. (b) The clerk of the court shall make an entry in the register of actions for each list of expert witnesses and statement of valuation data deposited with him pursuant to this article. The lists and statements shall not be filed in the proceeding, but the clerk shall make them available to the court at the commencement of the trial for the limited purpose of enabling the court to apply the provisions of this article. Unless the court otherwise orders, the clerk shall, at the conclusion of the trial, return all lists and statements to the attorneys for the parties who deposited them. Lists or statements ordered by the court to be retained may thereafter be destroyed or otherwise disposed of in accordance with the provisions of law governing the destruction or disposition of exhibits introduced in the trial. (Added by Stats. 1975, Ch. 1275.)
1258.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A party’s expert witness list must identify each expert and state the expert’s address, occupation or profession, and the subject of the testimony.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.240. The list of expert witnesses shall include the name, business or residence address, and business, occupation, or profession of each person intended to be called as an expert witness by the party and a statement of the subject matter to which his testimony relates. (Added by Stats. 1975, Ch. 1275.)
1258.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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A party must exchange a statement of valuation data for each person it plans to call as a witness on valuation issues.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.250. A statement of valuation data shall be exchanged for each person the party intends to call as a witness to testify to his opinion as to any of the following matters: (a) The value of the property being taken. (b) The amount of the damage, if any, to the remainder of the larger parcel from which such property is taken. (c) The amount of the benefit, if any, to the remainder of the larger parcel from which such property is taken. (d) The amount of any other compensation required to be paid by Chapter 9 (commencing with Section 1263.010) or Chapter 10 (commencing with Section 1265.010). (Added by Stats. 1975, Ch. 1275.)
1258.260.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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A witness’s statement of valuation data must include identified valuation details and, for listed sales, contracts, or leases, specified transaction information.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.260. (a) The statement of valuation data shall give the name and business or residence address of the witness and shall include a statement whether the witness will testify to an opinion as to any of the matters listed in Section 1258.250 and, as to each matter upon which the witness will give an opinion, what that opinion is and the following items to the extent that the opinion is based on them: (1) The interest being valued. (2) The date of valuation used by the witness. (3) The highest and best use of the property. (4) The applicable zoning and the opinion of the witness as to the probability of any change in zoning. (5) The sales, contracts to sell and purchase, and leases supporting the opinion. (6) The cost of reproduction or replacement of the existing improvements on the property, the depreciation or obsolescence the improvements have suffered, and the method of calculation used to determine depreciation. (7) The gross income from the property, the deductions from gross income, and the resulting net income; the reasonable net rental value attributable to the land and existing improvements, and the estimated gross rental income and deductions upon which the reasonable net rental value is computed; the rate of capitalization used; and the value indicated by the capitalization. (8) If the property is a portion of a larger parcel, a description of the larger parcel and its value. (9) If the opinion concerns loss of goodwill, the method used to determine the loss, and a summary of the data supporting the opinion. (b) With respect to each sale, contract, or lease listed under paragraph (5) of subdivision (a), the statement of valuation data shall give: (1) The names and business or residence addresses, if known, of the parties to the transaction. (2) The location of the property subject to the transaction. (3) The date of the transaction. (4) If recorded, the date of recording and the volume and page or other identification of the record of the transaction. (5) The price and other terms and circumstances of the transaction. In lieu of stating the terms contained in any contract, lease, or other document, the statement may, if the document is available for inspection by the adverse party, state the place where and the times when it is available for inspection. (6) The total area and shape of the property subject to the transaction. (c) If any opinion referred to in Section 1258.250 is based in whole or in substantial part upon the opinion of another person, the statement of valuation data shall include the name and business or residence address of that other person, his business, occupation, or profession, and a statement as to the subject matter to which his or her opinion relates. (d) Except when an appraisal report is used as a statement of valuation data as permitted by subdivision (e), the statement of valuation data shall include a statement, signed by the witness, that the witness has read the statement of valuation data and that it fairly and correctly states his or her opinions and knowledge as to the matters therein stated. (e) An appraisal report that has been prepared by the witness which includes the information required to be included in a statement of valuation data may be used as a statement of valuation data under this article. (Amended by Stats. 2001, Ch. 428, Sec. 8. Effective January 1, 2002.)
1258.270.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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A party who must exchange expert-witness and valuation-data lists must promptly notify the other parties if it later adds an expert, uses unlisted opinion/data, or discovers unlisted required data.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.270. (a) A party who is required to exchange lists of expert witnesses and statements of valuation data shall diligently give notice to the parties upon whom his list and statements were served if, after service of his list and statements, he: (1) Determines to call an expert witness not included in his list of expert witnesses to testify on direct examination during his case in chief; (2) Determines to have a witness called by him testify on direct examination during his case in chief to any opinion or data required to be listed in the statement of valuation data for that witness but which was not so listed; or (3) Discovers any data required to be listed in a statement of valuation data but which was not so listed. (b) The notice required by subdivision (a) shall include the information specified in Sections 1258.240 and 1258.260 and shall be in writing; but such notice is not required to be in writing if it is given after the commencement of the trial. (Added by Stats. 1975, Ch. 1275.)
1258.280.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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After an objection, certain parties may not call or use expert or valuation witnesses on direct examination unless the required witness information or valuation statement was served, with a limited exception for explanation or elaboration of listed data.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.280. Except as provided in Section 1258.290, upon objection of a party who has served his list of expert witnesses and statements of valuation data in compliance with Section 1258.230: (a) No party required to serve a list of expert witnesses on the objecting party may call an expert witness to testify on direct examination during his case in chief unless the information required by Section 1258.240 for such witness is included in the list served. (b) No party required to serve statements of valuation data on the objecting party may call a witness to testify on direct examination during his case in chief to his opinion on any matter listed in Section 1258.250 unless a statement of valuation data for such witness was served. (c) No witness called by a party required to serve statements of valuation data on the objecting party may testify on direct examination during the case in chief of the party who called him to any opinion or data required to be listed in the statement of valuation data for such witness unless such opinion or data is listed in the statement served except that testimony that is merely an explanation or elaboration of data so listed is not inadmissible under this subdivision. (Added by Stats. 1975, Ch. 1275.)
1258.290.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The court may allow an unlisted witness or unlisted valuation testimony in a party’s case in chief if the party acted in good faith, complied with related sections, and the court finds the omission was not due to lack of reasonable diligence or was caused by mistake or similar excusable reasons.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.290. (a) The court may, upon such terms as may be just (including but not limited to continuing the trial for a reasonable period of time and awarding costs and litigation expenses), permit a party to call a witness, or permit a witness called by a party to testify to an opinion or data on direct examination, during the party’s case in chief where such witness, opinion, or data is required to be, but is not, included in such party’s list of expert witnesses or statements of valuation data if the court finds that such party has made a good faith effort to comply with Sections 1258.210 to 1258.260, inclusive, that he has complied with Section 1258.270, and that by the date of exchange he: (1) Would not in the exercise of reasonable diligence have determined to call such witness or discovered or listed such opinion or data; or (2) Failed to determine to call such witness or to discover or list such opinion or data through mistake, inadvertence, surprise, or excusable neglect. (b) In making a determination under this section, the court shall take into account the extent to which the opposing party has relied upon the list of expert witnesses and statements of valuation data and will be prejudiced if the witness is called or the testimony concerning such opinion or data is given. (Added by Stats. 1975, Ch. 1275.)
1258.300.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A superior court in any county may set a court-rule procedure for exchanging valuation data, if the Judicial Council finds the procedure serves the same purpose and is an adequate substitute.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 7. Discovery; Exchange of Valuation Data [1258.010 - 1258.300] ( Chapter 7 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Exchange of Valuation Data [1258.210 - 1258.300] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1258.300. The superior court in any county may provide by court rule a procedure for the exchange of valuation data which shall be used in lieu of the procedure provided by this article if the Judicial Council finds that such procedure serves the same purpose and is an adequate substitute for the procedure provided by this article. (Added by Stats. 1975, Ch. 1275.)
1260.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Proceedings under this title must be given priority over other civil actions when hearing or trial is scheduled.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1260.010. Proceedings under this title take precedence over all other civil actions in the matter of setting the same for hearing or trial in order that such proceedings shall be quickly heard and determined. (Added by Stats. 1975, Ch. 1275.)
1260.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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When consolidated eminent domain proceedings involve the same property, the court must decide whether the public uses are compatible, and if not, which use is more necessary.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1260.020. (a) If proceedings to acquire the same property are consolidated, the court shall first determine whether the public uses for which the property is sought are compatible within the meaning of Article 6 (commencing with Section 1240.510) of Chapter 3. If the court determines that the uses are compatible, it shall permit the proceeding to continue with the plaintiffs acting jointly. The court shall apportion the obligation to pay any award in the proceeding in proportion to the use, damage, and benefits attributable to each plaintiff. (b) If the court determines pursuant to subdivision (a) that the uses are not all compatible, it shall further determine which of the uses is the more necessary public use within the meaning of Article 7 (commencing with Section 1240.610) of Chapter 3. The court shall permit the plaintiff alleging the more necessary public use, along with any other plaintiffs alleging compatible public uses under subdivision (a), to continue the proceeding. The court shall dismiss the proceeding as to the other plaintiffs. (Added by Stats. 1975, Ch. 1275.)
1260.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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If there is a dispute over whether property is an improvement to the realty, either party may ask the court to decide, but the motion must be filed at least 30 days before the possession date. The court must hear the motion 10 to 20 days after notice is served.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1260.030. (a) If there is a dispute between plaintiff and defendant whether particular property is an improvement pertaining to the realty, either party may, not later than 30 days prior to the date specified in an order for possession of the property, move the court for a determination whether the property is an improvement pertaining to the realty. (b) A motion under this section shall be heard not sooner than 10 days and not later than 20 days after service of notice of the motion. At the hearing, the court may consider any relevant evidence, including a view of the premises and property, in making its determinations. (Added by Stats. 1975, Ch. 1275.)
1260.040.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. )
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If the plaintiff and defendant dispute an evidentiary or other legal issue affecting compensation, either party may ask the court to rule on it.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1260.010 - 1260.040] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1260.040. (a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issue of compensation. The motion shall be heard by the judge assigned for trial of the case. (b) Notwithstanding any other statute or rule of court governing the date of final offers and demands of the parties and the date of trial of an eminent domain proceeding, the court may postpone those dates for a period sufficient to enable the parties to engage in further proceedings before trial in response to its ruling on the motion. (c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation. (Added by Stats. 2001, Ch. 428, Sec. 9. Effective January 1, 2002.)
1260.110.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Contesting Right to Take [1260.110 - 1260.120] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If objections to the right to take are raised, the court must hear and decide them before deciding compensation, unless the court orders otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Contesting Right to Take [1260.110 - 1260.120] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1260.110. (a) Where objections to the right to take are raised, unless the court orders otherwise, they shall be heard and determined prior to the determination of the issue of compensation. (b) The court may, on motion of any party, after notice and hearing, specially set such objections for trial. (Added by Stats. 1975, Ch. 1275.)
1260.120.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Contesting Right to Take [1260.110 - 1260.120] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The court must decide objections to the right to take and, depending on its ruling, order acquisition, dismissal, or conditional dismissal.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Contesting Right to Take [1260.110 - 1260.120] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1260.120. (a) The court shall hear and determine all objections to the right to take. (b) If the court determines that the plaintiff has the right to acquire by eminent domain the property described in the complaint, the court shall so order. (c) If the court determines that the plaintiff does not have the right to acquire by eminent domain any property described in the complaint, it shall order either of the following: (1) Immediate dismissal of the proceeding as to that property. (2) Conditional dismissal of the proceeding as to that property unless such corrective and remedial action as the court may prescribe has been taken within the period prescribed by the court in the order. An order made under this paragraph may impose such limitations and conditions as the court determines to be just under the circumstances of the particular case including the requirement that the plaintiff pay to the defendant all or part of the reasonable litigation expenses necessarily incurred by the defendant because of the plaintiff’s failure or omission which constituted the basis of the objection to the right to take. (Added by Stats. 1975, Ch. 1275.)
1260.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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In compensation proceedings, the defendant presents evidence first and opens and closes the argument.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1260.210. (a) The defendant shall present his evidence on the issue of compensation first and shall commence and conclude the argument. (b) Except as otherwise provided by statute, neither the plaintiff nor the defendant has the burden of proof on the issue of compensation. (Added by Stats. 1975, Ch. 1275.)
1260.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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In eminent domain cases with divided property interests, compensation and injury must be separately assessed, and the award then apportioned among the defendants; the plaintiff may ask for compensation to be determined first between the plaintiff and all defendants.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1260.220. (a) Except as provided in subdivision (b), where there are divided interests in property acquired by eminent domain, the value of each interest and the injury, if any, to the remainder of such interest shall be separately assessed and compensation awarded therefor. (b) The plaintiff may require that the amount of compensation be first determined as between plaintiff and all defendants claiming an interest in the property. Thereafter, in the same proceeding, the trier of fact shall determine the respective rights of the defendants in and to the amount of compensation awarded and shall apportion the award accordingly. Nothing in this subdivision limits the right of a defendant to present during the first stage of the proceeding evidence of the value of, or injury to, the property or the defendant’s interest in the property; and the right of a defendant to present evidence during the second stage of the proceeding is not affected by the failure to exercise the right to present evidence during the first stage of the proceeding. (Amended by Stats. 1978, Ch. 294.)
1260.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The trier of fact must, as far as practicable, assess each listed compensation item separately.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1260.230. As far as practicable, the trier of fact shall assess separately each of the following: (a) Compensation for the property taken as required by Article 4 (commencing with Section 1263.310) of Chapter 9. (b) When the property acquired is part of a larger parcel: (1) The amount of the damage, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9. (2) The amount of the benefit, if any, to the remainder as required by Article 5 (commencing with Section 1263.410) of Chapter 9. (c) Compensation for loss of goodwill, if any, as required by Article 6 (commencing with Section 1263.510) of Chapter 9. (d) Compensation claimed under subdivision (c) of Section 1250.320. (e) Compensation claimed under subdivision (d) of Section 1250.320. (Amended by Stats. 2021, Ch. 401, Sec. 6. (AB 1578) Effective January 1, 2022.)
1260.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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When unknown or deceased persons have been joined as defendants and do not appear, the court must determine their interests and compensation, may do so in the aggregate without apportionment, and in deceased-person cases must not determine heirs’ and devisees’ separate interests.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1260.240. Where any persons unknown or any deceased persons or the heirs and devisees of any deceased persons have been properly joined as defendants but have not appeared either personally or by a personal representative, the court shall determine the extent of the interests of such defendants in the property taken or in the remainder if the property taken is part of a larger parcel and the compensation to be awarded for such interests. The court may determine the extent and value of the interests of all such defendants in the aggregate without apportionment between the respective defendants. In any event, in the case of deceased persons, the court shall determine only the extent and value of the interest of the decedent and shall not determine the extent and value of the separate interests of the heirs and devisees in such decedent’s interest. (Added by Stats. 1975, Ch. 1275.)
1260.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The court must order certification of specified property tax information and, in some cases, include the certified amount in the judgment paid from the award.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 8. Procedures for Determining Right to Take and Compensation [1260.010 - 1260.250] ( Chapter 8 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Procedures Relating to Determination of Compensation [1260.210 - 1260.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1260.250. (a) In a county where both the auditor and the tax collector are elected officials, the court shall by order give the auditor or tax collector the legal description of the property sought to be taken and direct the auditor or tax collector to certify to the court the information required by subdivision (c), and the auditor or tax collector shall promptly certify the required information to the court. In all other counties, the court shall by order give the tax collector the legal description of the property sought to be taken and direct the tax collector to certify to the court the information required by subdivision (c), and the tax collector shall promptly certify the required information to the court. (b) The court order shall be made on or before the earliest of the following dates: (1) The date the court makes an order for possession. (2) The date set for trial. (3) The date of entry of judgment. (c) The court order shall require certification of the following information: (1) The current assessed value of the property together with its assessed identification number. (2) All unpaid taxes on the property, and any penalties and costs that have accrued thereon while on the secured roll, levied for prior tax years that constitute a lien on the property. (3) All unpaid taxes on the property, and any penalties and costs that have accrued thereon while on the secured roll, levied for the current tax year that constitute a lien on the property prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code or the date of trial, whichever is earlier. If the amount of the current taxes is not ascertainable at the time of proration, the amount shall be estimated and computed based on the assessed value for the current assessment year and the tax rate levied on the property for the immediately prior tax year. (4) The actual or estimated amount of taxes on the property that are or will become a lien on the property in the next succeeding tax year prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code or the date of trial, whichever is earlier. Any estimated amount of taxes shall be computed based on the assessed value of the property for the current assessment year and the tax rate levied on the property for the current tax year. (5) The amount of the taxes, penalties, and costs allocable to one day of the current tax year, and where applicable, the amount allocable to one day of the next succeeding tax year, hereinafter referred to as the “daily prorate.” (6) The total of paragraphs (2), (3), and (4). (d) If the property sought to be taken does not have a separate valuation on the assessment roll, the information required by this section shall be for the larger parcel of which the property is a part. (e) The court, as part of the judgment, shall separately state the amount certified pursuant to this section and order that the amount be paid to the tax collector from the award. If the amount so certified is prorated to the date of trial, the order shall include, in addition to the amount so certified, an amount equal to the applicable daily prorate multiplied by the number of days commencing on the date of trial and ending on and including the day before the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code. (f) Notwithstanding any other provision of this section, if the board of supervisors provides the procedure set forth in Section 5087 of the Revenue and Taxation Code, the court shall make no award of taxes in the judgment. (Amended by Stats. 1999, Ch. 892, Sec. 12. Effective January 1, 2000.)
1263.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. )
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An owner of property taken by eminent domain is entitled to compensation under this chapter.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1263.010. (a) The owner of property acquired by eminent domain is entitled to compensation as provided in this chapter. (b) Nothing in this chapter affects any rights the owner of property acquired by eminent domain may have under any other statute. In any case where two or more statutes provide compensation for the same loss, the person entitled to compensation may be paid only once for that loss. (Added by Stats. 1975, Ch. 1275.)
1263.015.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. )
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A public entity may, at the owner’s request, agree on how eminent-domain compensation will be paid, including payment over time and interest within a legal maximum.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1263.015. At the request of an owner of property acquired by eminent domain, the public entity may enter into an agreement with the owner specifying the manner of payment of compensation to which the owner is entitled as the result of the acquisition. The agreement may provide that the compensation shall be paid by the public entity to the owner over a period not to exceed 10 years from the date the owner’s right to compensation accrues. The agreement may also provide for the payment of interest by the public entity; however, the rate of interest agreed upon may not exceed the maximum rate authorized by Section 16731 or 53531 of the Government Code, as applicable, in connection with the issuance of bonds. (Added by Stats. 1982, Ch. 1368, Sec. 1.)
1263.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. )
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The right to compensation is treated as accruing when the complaint is filed, unless another law provides otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1263.020. Except as otherwise provided by law, the right to compensation shall be deemed to have accrued at the date of filing the complaint. (Added by Stats. 1975, Ch. 1275.)
1263.025.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. )
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A public entity must pay the reasonable cost of an independent appraisal, up to $5,000, when it offers to buy property under a threat of eminent domain.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1263.010 - 1263.025] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1263.025. (a) A public entity shall offer to pay the reasonable costs, not to exceed five thousand dollars ($5,000), of an independent appraisal ordered by the owner of a property that the public entity offers to purchase under a threat of eminent domain, at the time the public entity makes the offer to purchase the property. The independent appraisal shall be conducted by an appraiser licensed by the Office of Real Estate Appraisers. (b) For purposes of this section, an offer to purchase a property “under a threat of eminent domain” is an offer to purchase a property pursuant to any of the following: (1) Eminent domain. (2) Following adoption of a resolution of necessity for the property pursuant to Section 1240.040. (3) Following a statement that the public entity may take the property by eminent domain. (Added by Stats. 2006, Ch. 594, Sec. 8. Effective January 1, 2007.)
1263.110.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The date of valuation is usually the date the plaintiff makes the required deposit, unless an earlier date applies. If the court later finds the amount deposited is too low and the deposit is not increased on time, the deposit is treated as not made for this section.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1263.110. (a) Unless an earlier date of valuation is applicable under this article, if the plaintiff deposits the probable compensation in accordance with Article 1 (commencing with Section 1255.010) of Chapter 6 or the amount of the award in accordance with Article 2 (commencing with Section 1268.110) of Chapter 11, the date of valuation is the date on which the deposit is made. (b) Whether or not the plaintiff has taken possession of the property or obtained an order for possession, if the court determines pursuant to Section 1255.030 that the probable amount of compensation exceeds the amount previously deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 and the amount on deposit is not increased accordingly within the time allowed under Section 1255.030, no deposit shall be deemed to have been made for the purpose of this section. (Added by Stats. 1975, Ch. 1275.)
1263.120.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If compensation is tried within one year after the proceeding starts, the valuation date is the commencement date.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1263.120. If the issue of compensation is brought to trial within one year after commencement of the proceeding, the date of valuation is the date of commencement of the proceeding. (Added by Stats. 1975, Ch. 1275.)
1263.130.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If compensation is not tried within one year after the proceeding begins, the valuation date is the trial date unless the delay was caused by the defendant, in which case it is the date the proceeding began.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1263.130. Subject to Section 1263.110, if the issue of compensation is not brought to trial within one year after commencement of the proceeding, the date of valuation is the date of the commencement of the trial unless the delay is caused by the defendant, in which case the date of valuation is the date of commencement of the proceeding. (Added by Stats. 1975, Ch. 1275.)
1263.140.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If a new trial is ordered and not started within one year after the proceeding begins, the valuation date defaults to the start date of that new trial, unless the court sets a different date in the interest of justice.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1263.140. Subject to Section 1263.110, if a new trial is ordered by the trial or appellate court and the new trial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of such new trial unless, in the interest of justice, the court ordering the new trial orders a different date of valuation. (Added by Stats. 1975, Ch. 1275.)
1263.150.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If a mistrial is declared and retrial does not start within one year, the valuation date is the retrial start date unless the court orders a different date in the interest of justice.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Date of Valuation [1263.110 - 1263.150] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1263.150. Subject to Section 1263.110, if a mistrial is declared and the retrial is not commenced within one year after the commencement of the proceeding, the date of valuation is the date of the commencement of the retrial of the case unless, in the interest of justice, the court declaring the mistrial orders a different date of valuation. (Added by Stats. 1975, Ch. 1275.)
1263.205.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This section defines when machinery or equipment counts as an “improvement pertaining to the realty” for this article.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.205. (a) As used in this article, “improvements pertaining to the realty” include any machinery or equipment installed for use on property taken by eminent domain, or on the remainder if such property is part of a larger parcel, that cannot be removed without a substantial economic loss or without substantial damage to the property on which it is installed, regardless of the method of installation. (b) In determining whether particular property can be removed “without a substantial economic loss” within the meaning of this section, the value of the property in place considered as a part of the realty should be compared with its value if it were removed and sold. (Added by Stats. 1975, Ch. 1275.)
1263.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Improvements to the real property must be counted when compensation is determined, unless another statute says otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.210. (a) Except as otherwise provided by statute, all improvements pertaining to the realty shall be taken into account in determining compensation. (b) Subdivision (a) applies notwithstanding the right or obligation of a tenant, as against the owner of any other interest in real property, to remove such improvement at the expiration of his term. (Added by Stats. 1975, Ch. 1275.)
1263.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Certain real-property improvements are excluded from compensation if they are removed or destroyed before specified times, or if the defendant removes or destroys them.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.230. (a) Improvements pertaining to the realty shall not be taken into account in determining compensation to the extent that they are removed or destroyed before the earliest of the following times: (1) The time the plaintiff takes title to the property. (2) The time the plaintiff takes possession of the property. (3) If the defendant moves from the property in compliance with an order for possession, the date specified in the order; except that, if the defendant so moves prior to such date and gives the plaintiff written notice thereof, the date 24 hours after such notice is received by the plaintiff. (b) Where improvements pertaining to the realty are removed or destroyed by the defendant at any time, such improvements shall not be taken into account in determining compensation. Where such removal or destruction damages the remaining property, such damage shall be taken into account in determining compensation to the extent it reduces the value of the remaining property. (Added by Stats. 1975, Ch. 1275.)
1263.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Later real-property improvements are generally excluded from compensation calculations unless one of three listed conditions is met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.240. Improvements pertaining to the realty made subsequent to the date of service of summons shall not be taken into account in determining compensation unless one of the following is established: (a) The improvement is one required to be made by a public utility to its utility system. (b) The improvement is one made with the written consent of the plaintiff. (c) The improvement is one authorized to be made by a court order issued after a noticed hearing and upon a finding by the court that the hardship to the defendant of not permitting the improvement outweighs the hardship to the plaintiff of permitting the improvement. The court may, at the time it makes an order under this subdivision authorizing the improvement to be made, limit the extent to which the improvement shall be taken into account in determining compensation. (Added by Stats. 1975, Ch. 1275.)
1263.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The defendant may harvest and market crops around an eminent domain taking, and the plaintiff may seek a court order to stop planting crops after summons is served.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.250. (a) The acquisition of property by eminent domain shall not prevent the defendant from harvesting and marketing crops planted before or after the service of summons. If the plaintiff takes possession of the property at a time that prevents the defendant from harvesting and marketing the crops, the fair market value of the crops in place at the date the plaintiff is authorized to take possession of the property shall be included in the compensation awarded for the property taken. (b) Notwithstanding subdivision (a), the plaintiff may obtain a court order precluding the defendant from planting crops after service of summons, in which case the compensation awarded for the property taken shall include an amount sufficient to compensate for loss caused by the limitation on the defendant’s right to use the property. (Added by Stats. 1975, Ch. 1275.)
1263.260.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The owner of improvements on real property may choose to remove them by giving written notice within 60 days after service of summons.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.260. Notwithstanding Section 1263.210, the owner of improvements pertaining to the realty may elect to remove any or all such improvements by serving on the plaintiff within 60 days after service of summons written notice of such election. If the plaintiff fails within 30 days thereafter to serve on the owner written notice of refusal to allow removal of such improvements, the owner may remove such improvements and shall be compensated for their reasonable removal and relocation cost not to exceed the market value of the improvements. Where such removal will cause damage to the structure in which the improvements are located, the defendant shall cause no more damage to the structure than is reasonably necessary in removing the improvements, and the structure shall be valued as if the removal had caused no damage to the structure. (Added by Stats. 1975, Ch. 1275.)
1263.270.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. )
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The court may order the plaintiff to acquire an entire improvement, plus any reasonably necessary easement or other interest, when the improvement is partly on taken property and partly on property not taken.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Compensation for Improvements [1263.205 - 1263.270] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1263.270. Where an improvement pertaining to the realty is located in part upon property taken and in part upon property not taken, the court may, on motion of any party and a determination that justice so requires, direct the plaintiff to acquire the entire improvement, including the part located on property not taken, together with an easement or other interest reasonably necessary for the demolition, removal, or relocation of the improvement. (Added by Stats. 1975, Ch. 1275.)
1263.310.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Compensation must be awarded for property taken, and the compensation amount is the property's fair market value.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1263.310. Compensation shall be awarded for the property taken. The measure of this compensation is the fair market value of the property taken. (Added by Stats. 1975, Ch. 1275.)
1263.320.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This section defines how to calculate fair market value for property taken, including a standard market-based method and a fallback when there is no relevant comparable market.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1263.320. (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. (Amended by Stats. 1992, Ch. 7, Sec. 2. Effective January 1, 1993.)
1263.321.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

For nonprofit, special use property with no relevant comparable market, value is determined using Evidence Code Section 824, subject to its stated exceptions.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1263.321. A just and equitable method of determining the value of nonprofit, special use property for which there is no relevant, comparable market is as set forth in Section 824 of the Evidence Code, but subject to the exceptions set forth in subdivision (c) of Section 824 of the Evidence Code. (Added by Stats. 1992, Ch. 7, Sec. 3. Effective January 1, 1993.)
1263.330.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

When calculating fair market value for property taken, ignore value changes caused by the project, the eminent domain case, or the plaintiff’s preliminary actions.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Measure of Compensation for Property Taken [1263.310 - 1263.330] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1263.330. The fair market value of the property taken shall not include any increase or decrease in the value of the property that is attributable to any of the following: (a) The project for which the property is taken. (b) The eminent domain proceeding in which the property is taken. (c) Any preliminary actions of the plaintiff relating to the taking of the property. (Added by Stats. 1975, Ch. 1275.)
1263.410.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If only part of a larger parcel is acquired, compensation must also be awarded for any injury to the remaining property, but only after reducing damage by any benefit to the remainder.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1263.410. (a) Where the property acquired is part of a larger parcel, in addition to the compensation awarded pursuant to Article 4 (commencing with Section 1263.310) for the part taken, compensation shall be awarded for the injury, if any, to the remainder. (b) Compensation for injury to the remainder is the amount of the damage to the remainder reduced by the amount of the benefit to the remainder. If the amount of the benefit to the remainder equals or exceeds the amount of the damage to the remainder, no compensation shall be awarded under this article. If the amount of the benefit to the remainder exceeds the amount of damage to the remainder, such excess shall be deducted from the compensation provided in Section 1263.510, if any, but shall not be deducted from the compensation required to be awarded for the property taken or from the other compensation required by this chapter. (Added by Stats. 1975, Ch. 1275.)
1263.420.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
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This section defines “damage to the remainder” as damage, if any, caused by severing the remainder from the part taken or by constructing and using the project as proposed.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1263.420. Damage to the remainder is the damage, if any, caused to the remainder by either or both of the following: (a) The severance of the remainder from the part taken. (b) The construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the damage is caused by a portion of the project located on the part taken. (Added by Stats. 1975, Ch. 1275.)
1263.430.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
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“Benefit to the remainder” means any benefit caused by constructing and using the project for which the property is taken, even if the benefit comes from a part of the project on the taken land.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1263.430. Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is taken in the manner proposed by the plaintiff whether or not the benefit is caused by a portion of the project located on the part taken. (Added by Stats. 1975, Ch. 1275.)
1263.440.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
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The damage and benefit to the remainder must be calculated so they reflect delay in when those effects will actually be realized, and the remainder’s value on the valuation date is the base for determining damage and benefit.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1263.440. (a) The amount of any damage to the remainder and any benefit to the remainder shall reflect any delay in the time when the damage or benefit caused by the construction and use of the project in the manner proposed by the plaintiff will actually be realized. (b) The value of the remainder on the date of valuation, excluding prior changes in value as prescribed in Section 1263.330, shall serve as the base from which the amount of any damage and the amount of any benefit to the remainder shall be determined. (Added by Stats. 1975, Ch. 1275.)
1263.450.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
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Compensation for injury to the remainder must be based on the project as proposed, and project features that reduce damage or benefit the remainder must be considered.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Compensation for Injury to Remainder [1263.410 - 1263.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1263.450. Compensation for injury to the remainder shall be based on the project as proposed. Any features of the project which mitigate the damage or provide benefit to the remainder, including but not limited to easements, crossings, underpasses, access roads, fencing, drainage facilities, and cattle guards, shall be taken into account in determining the compensation for injury to the remainder. (Added by Stats. 1975, Ch. 1275.)
1263.510.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. )
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A business owner may recover compensation for loss of goodwill if the owner proves the statutory conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1263.510. (a) The owner of a business conducted on the property taken, or on the remainder if the property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, “goodwill” consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. (c) If the public entity and the owner enter into a leaseback agreement pursuant to Section 1263.615, the following shall apply: (1) No additional goodwill shall accrue during the lease. (2) The entering of a leaseback agreement shall not be a factor in determining goodwill. Any liability for goodwill shall be established and paid at the time of acquisition of the property by eminent domain or subsequent to notice that the property may be taken by eminent domain. (Amended by Stats. 2006, Ch. 602, Sec. 2. Effective January 1, 2007.)
1263.520.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. )
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A business owner seeking compensation under this article must provide the court with the business’s state tax returns for audit, and the court must share them with the plaintiff under confidentiality-protecting terms.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1263.520. The owner of a business who claims compensation under this article shall make available to the court, and the court shall, upon such terms and conditions as will preserve their confidentiality, make available to the plaintiff, the state tax returns of the business for audit for confidential use solely for the purpose of determining the amount of compensation under this article. Nothing in this section affects any right a party may otherwise have to discovery or to require the production of documents, papers, books, and accounts. (Added by Stats. 1975, Ch. 1275.)
1263.530.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. )
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This section says the article is not meant to address compensation for inverse condemnation claims involving temporary business interference or interruption.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 6. Compensation for Loss of Goodwill [1263.510 - 1263.530] ( Article 6 added by Stats. 1975, Ch. 1275. ) ## 1263.530. Nothing in this article is intended to deal with compensation for inverse condemnation claims for temporary interference with or interruption of business. (Added by Stats. 1975, Ch. 1275.)
1263.610.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. )
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A public entity and the owner of property to be acquired for public use may agree that the public entity will relocate a structure or do work on property not taken if that is likely to reduce compensation by at least the cost of the work.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1263.610. A public entity and the owner of property to be acquired for public use may make an agreement that the public entity will: (a) Relocate for the owner any structure if such relocation is likely to reduce the amount of compensation otherwise payable to the owner by an amount equal to or greater than the cost of such relocation. (b) Carry out for the owner any work on property not taken, including work on any structure, if the performance of the work is likely to reduce the amount of compensation otherwise payable to the owner by an amount equal to or greater than the cost of the work. (Added by Stats. 1975, Ch. 1275.)
1263.615.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. )
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A public entity must offer a one-year leaseback to certain property owners after acquisition, unless stated written exceptions apply, and the leaseback has specific conditions for renewal, responsibility, insurance, and holdover.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1263.615. (a) A public entity shall offer a one-year leaseback agreement to the owner of a property to be acquired by any method set forth in subdivision (b) for that property owner’s continued use of the property upon acquisition, subject to the property owner’s payment of fair market rents and compliance with other conditions set forth in subdivision (c), unless the public entity states in writing that the development, redevelopment, or use of the property for its stated public use is scheduled to begin within two years of its acquisition. This section shall not apply if the public entity states in writing that a leaseback of the property would create or allow the continuation of a public nuisance to the surrounding community. (b) The following property acquisitions are subject to the requirements of this section: (1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 for the property. (3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 for the property, but subsequent to a written notice that the public entity may take the property by eminent domain. (c) The following conditions shall apply to any leaseback offered pursuant to this section: (1) The lessee shall be responsible for any additional waste or nuisance on the property, and for any other liability arising from the continued use of the property. (2) The lessor may demand a security deposit to cover any potential liability arising from the leaseback. The security deposit shall be reasonable in light of the use of the leased property. (3) The lessor shall be indemnified from any legal liability and attorney’s fees resulting from any lawsuit against the lessee or lessor, arising from the operation of the lessee’s business or use of the property. (4) The lessor shall require the lessee to carry adequate insurance to cover potential liabilities arising from the lease and use of the property, and shall require that insurance to name the lessor as an additional insured. (5) Additional goodwill shall not accrue during any lease. (6) The lessee shall be subject to unlawful detainer proceedings as provided by law. (d) A public entity shall offer to renew a leaseback agreement for one-year terms, subject to any rent adjustment to reflect inflation and upon compliance with other conditions set forth in subdivision (c), unless the public entity states in writing that the development, redevelopment, or use of the property for its stated public use is scheduled to begin within two years of the termination date of the lease. At least 60 days prior to the lease termination date, the public entity lessor shall either offer a one-year renewal of the lease or send a statement declaring that the lease will not be renewed because the development, redevelopment, or use of the property is scheduled to begin within two years of the lease termination date. The lessee shall either accept or reject a lease renewal offer at least 30 days prior to the lease termination date. The lessee’s failure to accept a renewal offer in a timely manner shall constitute a rejection of the renewal offer. A lessor’s failure to offer a renewal or give the notice as required shall extend the lease term for 60-day increments until an offer or notice is made, and if a notice of termination is given after the lease termination date, the lessee shall have no less than 60 days to vacate the property. A lessee’s failure to accept within 30 days a renewal offer made subsequent to the lease termination date shall constitute a rejection of the offer. (e) A party who holds over after expiration of the lease shall be subject to unlawful detainer proceedings and shall also be subject to the lessor for holdover damages. (f) A leaseback entered into pursuant to this section shall not affect the amount of compensation otherwise payable to the property owner for the property to be acquired. (Added by Stats. 2006, Ch. 602, Sec. 3. Effective January 1, 2007.)
1263.620.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. )
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An owner may recover compensation for reasonable expenses spent on protective work if a summons interrupts construction, but notice to the plaintiff is generally required unless there is an emergency.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Miscellaneous Provisions [1263.610 - 1263.620] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1263.620. (a) Where summons is served during construction of an improvement or installation of machinery or equipment on the property taken or on the remainder if such property is part of a larger parcel, and the owner of the property ceases the construction or installation due to such service, the owner shall be compensated for his expenses reasonably incurred for work necessary for either of the following purposes: (1) To protect against the risk of injury to persons or to other property created by the uncompleted improvement. (2) To protect the partially installed machinery or equipment from damage, deterioration, or vandalism. (b) The compensation provided in this section is recoverable only if the work was preceded by notice to the plaintiff except in the case of an emergency. The plaintiff may agree with the owner (1) that the plaintiff will perform work necessary for the purposes of this section or (2) as to the amount of compensation payable under this section. (Added by Stats. 1975, Ch. 1275.)
1263.710.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
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This section defines “remedial action,” “removal,” and “required action” for this article.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.710. (a) As used in this article, “remedial action” and “removal” shall have the meanings accorded to those terms in Sections 78125 and 78135, respectively, of the Health and Safety Code. (b) As used in this article, “required action” means any removal or other remedial action with regard to hazardous materials that is necessary to comply with any requirement of federal, state, or local law. (Amended by Stats. 2022, Ch. 258, Sec. 10. (AB 2327) Effective January 1, 2023. Operative January 1, 2024, pursuant to Sec. 130 of Stats. 2022, Ch. 258.)
1263.711.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
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This section defines “hazardous material” for this article by cross-reference, but excludes naturally occurring petroleum on a site.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.711. As used in this article, “hazardous material” shall have the same meaning as that term is defined in Section 25260 of the Health and Safety Code, except that under no circumstances shall petroleum which is naturally occurring on a site be considered a hazardous material. (Added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.720.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
Verify source ↗

If a party petitions, the court must hear the hazardous-material issue. If hazardous material is found, the court must set out the required action, appoint a trustee, and arrange funding from the compensation amounts, subject to a 75% cap.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.720. (a) Upon petition of any party to the proceeding, the court in which the proceeding is brought shall specially set for hearing the issue of whether any hazardous material is present within the property to be taken. (b) If the court determines that any hazardous material is present within the property to be taken, the court shall do all of the following: (1) Identify those measures constituting the required action with regard to the hazardous material, the probable cost of the required action, and the party that shall be designated by the court to cause the required action to be performed. (2) Designate a trustee to monitor the completion of the required action and to hold funds, deducted from amounts that are otherwise to be paid to the defendant pursuant to this title, to defray the probable cost of the required action. (3) Transfer to the trustee funds necessary to defray the probable cost of the required action from amounts deposited with the court pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 or pursuant to Section 1268.110. In the case of any payment to be made directly to the defendant pursuant to Section 1268.010, the plaintiff shall first pay to the trustee the amount necessary to defray the probable cost of the required action, as identified by the court, and shall pay the remainder of the judgment to the defendant. The total amount transferred or paid to the trustee pursuant to this paragraph shall not exceed an amount equal to 75 percent of the following, as applicable: (A) Prior to entry of judgment, the amount deposited as the probable amount of compensation pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6. (B) Subsequent to entry of judgment, the fair market value of the property taken, as determined pursuant to Article 4 (commencing with Section 1263.310). If the amount determined as fair market value pursuant to that article exceeds the amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6, that excess shall be available, subject to the 75 percent limit set forth in this paragraph, for transfer to the trustee for the purposes of this paragraph or for reimbursement of the plaintiff for payments made to the trustee pursuant to this paragraph. If the amount determined as fair market value pursuant to Article 4 (commencing with Section 1263.310) is less than the amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6, the plaintiff shall be entitled to a return of amounts thereby deposited, a judgment against the defendant, or both, as necessary to ensure that the total amount transferred or paid to the trustee pursuant to this paragraph not exceed an amount equal to 75 percent of the fair market value of the property taken, as determined pursuant to Article 4 (commencing with Section 1263.310). (4) Establish a procedure by which the trustee shall make one or more payments from the funds it receives pursuant to paragraph (3) to the party causing the required action to be performed, upon completion of all or specified portions of the required action. Any amount of those funds that remains following the completion of all of the required action shall be applied in accordance with the provisions of this title that govern the disposition of the deposit amounts referred to in paragraph (3). (c) The actual and reasonable costs of the trustee incurred pursuant to this section shall be paid by the plaintiff. (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.730.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
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If the plaintiff is doing the required action and the trustee’s available amount is not enough to cover the plaintiff’s actual cost, the plaintiff may ask the court for a new hearing on probable cost or finish the work at its own expense and sue the defendant for the extra cost.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.730. Where the required action is caused to be performed by the plaintiff, and the amount available to the trustee under this article is insufficient to meet the actual cost incurred by the plaintiff to complete the required action, the plaintiff may either apply to the court for a new hearing regarding identification of the probable cost, or complete the required action at its own expense and bring an action against the defendant to recover the additional costs. (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.740.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
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Hazardous material in a property must not be counted when appraising the property for the specified eminent-domain purposes.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.740. The presence of any hazardous material within a property shall not be considered in appraising the property, for purposes of Section 1263.720, pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6, or pursuant to Article 4 (commencing with Section 1263.310). (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.750.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
Verify source ↗

If the plaintiff abandons the proceeding, the plaintiff is entitled to compensation for any benefit created by the remediation, and that benefit may be used as an offset or lien against the property.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.750. (a) Notwithstanding any action taken pursuant to this article, the plaintiff shall have available all remedies in law that are available to a purchaser of real property with respect to any cost, loss, or liability for which the plaintiff is not reimbursed under this article. (b) If the plaintiff abandons the proceeding at any time, the plaintiff shall be entitled to compensation for the benefit, if any, conferred on the property by reason of the remedial action performed pursuant to this article. That benefit shall be applied as an offset to the amount of any entitlement to damages on the part of the defendant pursuant to Section 1268.620 or, if it exceeds the amount of those damages, shall constitute a lien upon the property, to the extent of that excess, when recorded with the county recorder in the county in which the real property is located. The lien shall contain the legal description of the real property, the assessor’s parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. The lien shall be enforceable upon the transfer or sale of the property, and the priority of the lien shall be as of the date of recording. In determining the amount of the benefit, if any, neither party shall have the burden of proof. For the purposes of this subdivision, “benefit” means the extent to which the remedial action has enhanced the fair market value of the property. (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.760.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
Verify source ↗

A plaintiff’s offer to buy the property covered by this article is treated as meeting Government Code Section 7267.2.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.760. An offer by the plaintiff to purchase the property subject to this article shall be deemed to satisfy the requirements of Section 7267.2 of the Government Code. (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1263.770.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. )
Verify source ↗

This article applies only to acquisitions of property by school districts.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 9. Compensation [1263.010 - 1263.770] ( Chapter 9 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Remediation of Hazardous Materials on Property to be Acquired by School Districts [1263.710 - 1263.770] ( Article 8 repealed and added by Stats. 1995, Ch. 247, Sec. 2. ) ## 1263.770. This article shall only apply to the acquisition of property by school districts. (Repealed and added by Stats. 1995, Ch. 247, Sec. 2. Effective January 1, 1996.)
1265.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1265.010- 1265.010.] ( Article 1 added by Stats. 1975, Ch. 1275. )
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This section says the chapter’s compensation rules for particular property interests do not limit or affect compensation rights for any other property interest.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. General Provisions [1265.010- 1265.010.] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1265.010. Although this chapter provides rules governing compensation for particular interests in property, it does not otherwise limit or affect the right to compensation for any other interest in property. (Added by Stats. 1975, Ch. 1275.)
1265.110.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If all property covered by a lease is acquired for public use, the lease ends.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.110. Where all the property subject to a lease is acquired for public use, the lease terminates. (Added by Stats. 1975, Ch. 1275.)
1265.120.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If part of leased property is taken for public use, the lease ends for the part taken, continues for the rest, and the rent tied to the taken part is extinguished, unless Section 1265.130 provides otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.120. Except as provided in Section 1265.130, where part of the property subject to a lease is acquired for public use, the lease terminates as to the part taken and remains in force as to the remainder, and the rent reserved in the lease that is allocable to the part taken is extinguished. (Added by Stats. 1975, Ch. 1275.)
1265.130.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
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If part of leased property is taken for public use, the court may terminate the lease when a party petitions and the court finds the taking affects an essential part of the property or leaves the remainder unsuitable for the lease.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.130. Where part of the property subject to a lease is acquired for public use, the court may, upon petition of any party to the lease, terminate the lease if the court determines that an essential part of the property subject to the lease is taken or that the remainder of the property subject to the lease is no longer suitable for the purposes of the lease. (Added by Stats. 1975, Ch. 1275.)
1265.140.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A lease terminated under this article ends at the earlier of title transfer for public use or the plaintiff’s authorized possession date in an order for possession.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.140. The termination or partial termination of a lease pursuant to this article shall be at the earlier of the following times: (a) The time title to the property is taken by the person who will put it to the public use. (b) The time the plaintiff is authorized to take possession of the property as stated in an order for possession. (Added by Stats. 1975, Ch. 1275.)
1265.150.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
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This section says the article does not reduce a lessee’s possible right to compensation for the taking of the lease, or of other property in which the lessee has an interest.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.150. Nothing in this article affects or impairs any right a lessee may have to compensation for the taking of his lease in whole or in part or for the taking of any other property in which he has an interest. (Added by Stats. 1975, Ch. 1275.)
1265.160.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. )
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This section says the article does not change lease rights or obligations when the lease already covers what happens if some or all of the property is taken for public use.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Leases [1265.110 - 1265.160] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1265.160. Nothing in this article affects or impairs the rights and obligations of the parties to a lease to the extent that the lease provides for such rights and obligations in the event of the acquisition of all or a portion of the property for public use. (Added by Stats. 1975, Ch. 1275.)
1265.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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This article defines “lien” as a mortgage, deed of trust, or other security interest in property.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.210. As used in this article, “lien” means a mortgage, deed of trust, or other security interest in property whether arising from contract, statute, common law, or equity. (Added by Stats. 1975, Ch. 1275.)
1265.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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If eminent-domain property is subject to a lien and the secured debt is not yet due, the plaintiff may deduct that debt from the judgment, but not the amount the plaintiff owes under Article 5.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.220. Where property acquired by eminent domain is encumbered by a lien and the indebtedness secured thereby is not due at the time of the entry of judgment, the amount of such indebtedness may be, at the option of the plaintiff, deducted from the judgment and the lien shall be continued until such indebtedness is paid; but the amount for which, as between the plaintiff and the defendant, the plaintiff is liable under Article 5 (commencing with Section 1268.410) of Chapter 11 may not be deducted from the judgment. (Added by Stats. 1975, Ch. 1275.)
1265.225.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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When property subject to a lien is partially taken, the lienholder may receive part of the award only as needed to protect the security, and the lien stays on the part not taken. After the proceeding starts, the lienholder and owner may also agree to apportion all or part of the award to the lienholder.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.225. (a) Where there is a partial taking of property encumbered by a lien, the lienholder may share in the award only to the extent determined by the court to be necessary to prevent an impairment of the security, and the lien shall continue upon the part of the property not taken as security for the unpaid portion of the indebtedness. (b) Notwithstanding subdivision (a), the lienholder and the property owner may at any time after commencement of the proceeding agree that some or all of the award shall be apportioned to the lienholder on the indebtedness. (Added by Stats. 1975, Ch. 1275.)
1265.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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This section says how an eminent-domain award is allocated when property with senior and junior liens is partially taken.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.230. (a) This section applies only where there is a partial taking of property encumbered by a lien and the part taken or some portion of it is also encumbered by a junior lien that extends to only a portion of the property encumbered by the senior lien. This section provides only for allocation of the portion of the award, if any, that will be available for payment to the junior and senior lienholders and does not provide for determination of the amount of such portion. (b) As used in this section, “impairment of security” means the security of the lienholder remaining after the taking, if any, is of less value in proportion to the remaining indebtedness than the value of the security before the taking was in proportion to the indebtedness secured thereby. (c) The portion of the award that will be available for payment to the senior and junior lienholders shall be allocated first to the senior lien up to the full amount of the indebtedness secured thereby and the remainder, if any, to the junior lien. (d) If the allocation under subdivision (c) would result in an impairment of the junior lienholder’s security, the allocation to the junior lien shall be adjusted so as to preserve the junior lienholder’s security to the extent that the remaining amount allocated to the senior lien, if paid to the senior lienholder, would not result in an impairment of the senior lienholder’s security. (e) The amounts allocated to the senior and junior liens by this section are the amounts of indebtedness owing to such senior and junior lienholders that are secured by their respective liens on the property taken, and any other indebtedness owing to the senior or junior lienholders shall not be considered as secured by the property taken. If the plaintiff makes the election provided in Section 1265.220, the indebtedness that is deducted from the judgment is the indebtedness so determined, and the lien shall continue until that amount of indebtedness is paid. (Added by Stats. 1975, Ch. 1275.)
1265.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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If property taken for public use has a lien, the amount paid to the lienholder must not include any prepayment penalty.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.240. Where the property acquired for public use is encumbered by a lien, the amount payable to the lienholder shall not include any penalty for prepayment. (Added by Stats. 1975, Ch. 1275.)
1265.250.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. )
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This section defines two kinds of assessments and says how liens tied to them are paid from eminent domain awards.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Encumbrances [1265.210 - 1265.250] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1265.250. (a) As used in this section: (1) “Fixed lien special assessment” means a nonrecurring assessment levied on property in a fixed amount by a local public entity for the capital expenditure for a specific improvement, whether collectible in a lump sum or in installments. (2) “Special annual assessment” means a recurring assessment levied on property annually in an indeterminate amount by a local public entity, whether for the capital expenditure for a specific improvement or for other purposes. (b) If property acquired by eminent domain is encumbered by the lien of a fixed lien special assessment or of a bond representing the fixed lien special assessment: (1) The amount of the lien shall be paid to the lienholder from the award or withheld from the award for payment pursuant to Section 1265.220. (2) Where there is a partial taking of the property, the amount of the lien prescribed in Section 1265.225 shall be paid to the lienholder from the award, or at the option of the lienholder the applicable statutory procedure, if any, for segregation and apportionment of the lien may be invoked and the amount apportioned to the part taken shall be paid to the lienholder from the award. (c) If property acquired by eminent domain is encumbered by the lien of a special annual assessment: (1) The amount of the lien prorated to, but not including, the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code, shall be paid to the lienholder from the award. As between the plaintiff and defendant, the plaintiff is liable for the amount of the lien prorated from and including the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code. (2) Where there is a partial taking of the property, the amount of the lien, reduced by the amount for which the plaintiff is liable pursuant to this paragraph, shall be paid to the lienholder from the award. As between the plaintiff and defendant, the plaintiff is liable for the amount of the lien allocable to the part taken for the current assessment year, determined to the extent practicable in the same manner and by the same method as the amount of the assessment on the property for the current assessment year was determined, prorated from and including the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code. (Added by Stats. 1980, Ch. 122, Sec. 2.)
1265.410.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Future Interests [1265.410 - 1265.420] ( Article 4 added by Stats. 1975, Ch. 1275. )
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If public-use acquisition violates a use restriction tied to a contingent future interest, the owner of that interest may be entitled to compensation in specified situations.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Future Interests [1265.410 - 1265.420] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1265.410. (a) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction: (1) If violation of the use restriction was otherwise reasonably imminent, the owner of the contingent future interest is entitled to compensation for its value, if any. (2) If violation of the use restriction was not otherwise reasonably imminent but the benefit of the use restriction was appurtenant to other property, the owner of the contingent future interest is entitled to compensation to the extent that the failure to comply with the use restriction damages the dominant premises to which the restriction was appurtenant and of which he was the owner. (b) Where the acquisition of property for public use violates a use restriction coupled with a contingent future interest granting a right to possession of the property upon violation of the use restriction but the contingent future interest is not compensable under subdivision (a), if the use restriction is that the property be devoted to a particular charitable or public use, the compensation for the property shall be devoted to the same or similar use coupled with the same contingent future interest. (Added by Stats. 1975, Ch. 1275.)
1265.420.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Future Interests [1265.410 - 1265.420] ( Article 4 added by Stats. 1975, Ch. 1275. )
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If property taken for public use is subject to a life tenancy, the court may order how the compensation is handled.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 10. Divided Interests [1265.010 - 1265.420] ( Chapter 10 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Future Interests [1265.410 - 1265.420] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1265.420. Where property acquired for public use is subject to a life tenancy, upon petition of the life tenant or any other person having an interest in the property, the court may order any of the following: (a) An apportionment and distribution of the award based on the value of the interest of life tenant and remainderman. (b) The compensation to be used to purchase comparable property to be held subject to the life tenancy. (c) The compensation to be held in trust and invested and the income (and, to the extent the instrument that created the life tenancy permits, principal) to be distributed to the life tenant for the remainder of the tenancy. (d) Such other arrangement as will be equitable under the circumstances. (Added by Stats. 1975, Ch. 1275.)
1268.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
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The plaintiff must pay the full judgment amount within 30 days of final judgment, or within 30 days after later qualifying court proceedings end, whichever is later.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1268.010. (a) Not later than 30 days after final judgment, or 30 days after the conclusion of any other court proceedings, including any federal court proceedings, commenced by the defendant challenging the judgment or any of the condemnation proceedings, whichever date is later, the plaintiff shall pay the full amount required by the judgment. (b) Payment shall be made by either or both of the following methods: (1) Payment of money directly to the defendant. Any amount which the defendant has previously withdrawn pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6 shall be credited as a payment to him on the judgment. (2) Deposit of money with the court pursuant to Section 1268.110. Upon entry of judgment, a deposit made pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 is deemed to be a deposit made pursuant to Section 1268.110 if the full amount required by the judgment is deposited or paid. (Amended by Stats. 1981, Ch. 831, Sec. 1.)
1268.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
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If the plaintiff does not pay the judgment on time, the defendant may enforce it, and the court must dismiss the eminent domain proceeding if the listed notice and nonpayment conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1268.020. (a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may: (1) If the plaintiff is a public entity, enforce the judgment as provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (2) If the plaintiff is not a public entity, enforce the judgment as in a civil case. (b) Upon noticed motion of the defendant, the court shall enter judgment dismissing the eminent domain proceeding if all of the following are established: (1) The plaintiff failed to pay the full amount required by the judgment within the time specified in Section 1268.010. (2) The defendant has filed in court and served upon the plaintiff, by registered or certified mail, a written notice of the plaintiff’s failure to pay the full amount required by the judgment within the time specified in Section 1268.010. (3) The plaintiff has failed for 20 days after service of the notice under paragraph (2) to pay the full amount required by the judgment in the manner provided in subdivision (b) of Section 1268.010. (c) The defendant may elect to exercise the remedy provided by subdivision (b) without attempting to use the remedy provided by subdivision (a). (d) As used in this section, “public entity” does not include the Regents of the University of California. (Amended by Stats. 1980, Ch. 215, Sec. 1.)
1268.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. )
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If a party applies and the judgment has been paid or satisfied, the court must enter a final condemnation order. The order must describe the property and judgment, and affected parties must be notified. Affected parties may record a certified copy, and notice of recordation must also be served.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 1. Payment of Judgment; Final Order of Condemnation [1268.010 - 1268.030] ( Article 1 added by Stats. 1975, Ch. 1275. ) ## 1268.030. (a) Upon application of any party, the court shall make a final order of condemnation if the full amount of the judgment has been paid as required by Section 1268.010 or satisfied pursuant to Section 1268.020. (b) The final order of condemnation shall describe the property taken and identify the judgment authorizing the taking. (c) The party upon whose application the order was made shall serve notice of the making of the order on all other parties affected thereby. Any party affected by the order may thereafter record a certified copy of the order in the office of the recorder of the county in which the property is located and shall serve notice of recordation upon all other parties affected thereby. Title to the property vests in the plaintiff upon the date of recordation. (Added by Stats. 1975, Ch. 1275.)
1268.110.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The plaintiff may deposit the award and interest with the court after judgment, except as subdivision (b) allows, and not after the judgment has been reversed, vacated, or set aside.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.110. (a) Except as provided in subdivision (b), the plaintiff may, at any time after entry of judgment, deposit with the court for the persons entitled thereto the full amount of the award, together with interest then due thereon, less any amounts previously paid directly to the defendants or deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6. (b) A deposit may be made under this section notwithstanding an appeal, a motion for a new trial, or a motion to vacate or set aside the judgment but may not be made after the judgment has been reversed, vacated, or set aside. (c) Any amount deposited pursuant to this article on a judgment that is later reversed, vacated, or set aside shall be deemed to be an amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6. (Added by Stats. 1975, Ch. 1275.)
1268.120.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
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The plaintiff must give notice of a deposit to the appropriate parties and state the deposit date and amount.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.120. If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties who have appeared in the proceeding. If the deposit is made after apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties to the proceeding determined by the order apportioning the award to have an interest in the money deposited. The notice of deposit shall state that a deposit has been made and the date and the amount of the deposit. Service of the notice shall be made in the manner provided in Section 1268.220 for the service of an order for possession. Service of an order for possession under Section 1268.220 is sufficient compliance with this section. (Added by Stats. 1975, Ch. 1275.)
1268.130.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
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After an award deposit, the court can require the plaintiff to deposit more money, and later increase or decrease that amount. A defendant may withdraw deposited funds only if entitled to recover them in the proceeding.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.130. At any time after the plaintiff has made a deposit upon the award pursuant to Section 1268.110, the court may, upon motion of any defendant, order the plaintiff to deposit such additional amount as the court determines to be necessary to secure payment of any further compensation, costs, or interest that may be recovered in the proceeding. After the making of such an order, the court may, on motion of any party, order an increase or a decrease in such additional amount. A defendant may withdraw the amount deposited under this section or a portion thereof only if it is determined that he is entitled to recover such amount in the proceeding. (Added by Stats. 1975, Ch. 1275.)
1268.140.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
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After judgment, a qualifying defendant may seek a court order for payment from a deposited award, but must file the required satisfaction or receipt. Notice to other defendants and, if challenged, an undertaking may also be required.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.140. (a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he be paid from the deposit the amount to which he is entitled upon his filing either of the following: (1) A satisfaction of the judgment. (2) A receipt for the money which shall constitute a waiver by operation of law of all claims and defenses except a claim for greater compensation. (b) If the award has not been apportioned at the time the application is made, the applicant shall give notice of the application to all the other defendants who have appeared in the proceeding and who have an interest in the property. If the award has been apportioned at the time the application is made, the applicant shall give such notice to the other defendants as the court may require. (c) Upon objection to the withdrawal made by any party to the proceeding, the court, in its discretion, may require the applicant to file an undertaking in the same manner and upon the conditions prescribed in Section 1255.240 for withdrawal of a deposit prior to entry of judgment. (d) If the judgment is reversed, vacated, or set aside, a defendant may withdraw a deposit only pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6. (Added by Stats. 1975, Ch. 1275.)
1268.150.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The court must direct deposited money to the State Treasury, or to the county treasury if the plaintiff files a written request with the deposit. In a later dispute about withdrawal before apportionment, the court must invest the money in approved government obligations or insured accounts on a defendant’s motion.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.150. (a) Except as provided in subdivision (b), when money is deposited as provided in this article, the court shall order the money to be deposited in the State Treasury or, upon written request of the plaintiff filed with the deposit, in the county treasury. If the money is deposited in the State Treasury pursuant to this subdivision, it shall be held, invested, deposited, and disbursed in the manner specified in Article 10 (commencing with Section 16429) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, and interest earned or other increment derived from its investment shall be apportioned and disbursed in the manner specified in that article. As between the parties to the proceeding, money deposited pursuant to this subdivision shall remain at the risk of the plaintiff until paid or made payable to the defendant by order of the court. (b) If after entry of judgment but prior to apportionment of the award the defendants are unable to agree as to the withdrawal of all or a portion of any amount deposited, the court shall upon motion of any defendant order that the amount deposited be invested in United States government obligations or interest-bearing accounts in an institution whose accounts are insured by an agency of the federal government for the benefit of the defendants who shall be entitled to the interest earned on the investments in proportion to the amount of the award they receive when the award is apportioned. (Added by Stats. 1975, Ch. 1275.)
1268.160.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If a party withdrew more than they were finally entitled to, the court must enter judgment for the excess, with limited interest rules and possible follow-on orders.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.160. (a) Any amount withdrawn by a party pursuant to this article in excess of the amount to which he is entitled as finally determined in the eminent domain proceeding shall be paid to the parties entitled thereto. The court shall enter judgment accordingly. (b) The judgment so entered shall not include interest except that any amount that is to be paid to a defendant shall include legal interest from the date of its withdrawal by another defendant. (c) If the judgment so entered is not paid within 30 days after its entry, the court may, on motion, enter judgment against the sureties, if any, for the amount of such judgment. (d) The court may, in its discretion and with such security as it deems appropriate, grant a party obligated to pay under this section a stay of execution for any amount to be paid to a plaintiff. Such stay of execution shall not exceed one year following entry of judgment under this section. (Added by Stats. 1975, Ch. 1275.)
1268.170.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the plaintiff makes a deposit under this article, the plaintiff does not give up the right to appeal, move to abandon, or request a new trial.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 2. Deposit and Withdrawal of Award [1268.110 - 1268.170] ( Article 2 added by Stats. 1975, Ch. 1275. ) ## 1268.170. By making a deposit pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. (Added by Stats. 1975, Ch. 1275.)
1268.210.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

A plaintiff not already in possession may ask the court for an ex parte possession order after judgment, and the court must authorize possession if the stated conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1268.210. (a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for an order for possession, and the court shall authorize the plaintiff to take possession of the property pending conclusion of the litigation if: (1) The judgment determines that the plaintiff is entitled to take the property; and (2) The plaintiff has paid to or deposited for the defendants, pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 or Article 2 (commencing with Section 1268.110), an amount not less than the amount of the award, together with the interest then due thereon. (b) The court’s order shall state the date after which the plaintiff is authorized to take possession of the property. Where deposit is made, the order shall state such fact and the date and the amount of the deposit. (c) Where the judgment is reversed, vacated, or set aside, the plaintiff may obtain possession of the property only pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6. (Added by Stats. 1975, Ch. 1275.)
1268.220.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The plaintiff must serve a copy of the order for possession on each defendant and the defendant’s attorney, either personally or by mail.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1268.220. (a) The plaintiff shall serve a copy of the order for possession upon each defendant and his attorney, either personally or by mail: (1) At least 30 days prior to the date possession is to be taken of property lawfully occupied by a person dwelling thereon or by a farm or business operation. (2) At least 10 days prior to the date possession is to be taken in any case not covered by paragraph (1). (b) A single service upon or mailing to one of several persons having a common business or residence address is sufficient. (Added by Stats. 1975, Ch. 1275.)
1268.230.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Taking possession under this article does not waive the plaintiff’s rights to appeal, move to abandon, or request a new trial.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1268.230. By taking possession pursuant to this article, the plaintiff does not waive the right to appeal from the judgment, the right to move to abandon, or the right to request a new trial. (Added by Stats. 1975, Ch. 1275.)
1268.240.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This section says the article does not limit a public entity’s right to exercise police power in emergency situations.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 3. Possession After Judgment [1268.210 - 1268.240] ( Article 3 added by Stats. 1975, Ch. 1275. ) ## 1268.240. Nothing in this article limits the right of a public entity to exercise its police power in emergency situations. (Added by Stats. 1975, Ch. 1275.)
1268.310.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The compensation awarded in the proceeding must earn interest, calculated under Section 1268.350, starting from the earliest listed date.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.310. The compensation awarded in the proceeding shall draw interest, computed as prescribed by Section 1268.350, from the earliest of the following dates: (a) The date of entry of judgment. (b) The date the plaintiff takes possession of the property. (c) The date after which the plaintiff is authorized to take possession of the property as stated in an order for possession. (Amended by Stats. 1986, Ch. 1372, Sec. 1.)
1268.311.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

In an inverse condemnation proceeding where interest is awarded, the interest must be computed under Section 1268.350.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.311. In any inverse condemnation proceeding in which interest is awarded, the interest shall be computed as prescribed by Section 1268.350. (Added by Stats. 1986, Ch. 1372, Sec. 2.)
1268.320.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Compensation awarded in the proceeding stops earning interest on the earliest applicable date listed in the section.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.320. The compensation awarded in the proceeding shall cease to draw interest at the earliest of the following dates: (a) As to any amount deposited pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 (deposit of probable compensation prior to judgment), the date such amount is withdrawn by the person entitled thereto. (b) As to the amount deposited in accordance with Article 2 (commencing with Section 1268.110) (deposit of amount of award), the date of such deposit. (c) As to any amount paid to the person entitled thereto, the date of such payment. (Added by Stats. 1975, Ch. 1275.)
1268.330.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If interest has started to accrue, the defendant’s possession value and certain post-accrual rents or income must be offset against the interest.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.330. If, after the date that interest begins to accrue, the defendant: (a) Continues in actual possession of the property, the value of that possession shall be offset against the interest. For the purpose of this section, the value of possession of the property shall be presumed to be the rate of interest calculated as prescribed by Section 1268.350 on the compensation awarded. This presumption is one affecting the burden of proof. (b) Receives rents or other income from the property attributable to the period after interest begins to accrue, the net amount of these rents and other income shall be offset against the interest. (Amended by Stats. 1986, Ch. 1372, Sec. 3.)
1268.340.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The court, not the jury, must assess interest and related offsets under this section.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.340. Interest, including interest accrued due to possession of property by the plaintiff prior to judgment, and any offset against interest as provided in Section 1268.330, shall be assessed by the court rather than by jury. (Added by Stats. 1975, Ch. 1275.)
1268.350.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The section defines “apportionment rate,” sets the interest rate for each calendar quarter, and requires district offices of the Department of Transportation to quote the rate on request.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.350. (a) As used in this section, “apportionment rate” means the apportionment rate calculated by the Controller as the rate of earnings by the Surplus Money Investment Fund for each calendar quarter. (b) The rate of interest payable under this article for each calendar quarter, or fraction thereof, for which interest is due, shall be the apportionment rate for the immediately preceding calendar quarter. (c) Each district office of the Department of Transportation shall quote the apportionment rate to any person upon request. (Amended by Stats. 2006, Ch. 311, Sec. 1. Effective January 1, 2007.)
1268.360.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Interest payable for a calendar quarter must itself earn interest in each later calendar quarter when interest remains due.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 4. Interest [1268.310 - 1268.360] ( Article 4 added by Stats. 1975, Ch. 1275. ) ## 1268.360. The interest payable for each calendar quarter shall draw interest, computed as prescribed by Section 1268.350, in each succeeding calendar quarter for which interest is due. (Amended by Stats. 2006, Ch. 311, Sec. 2. Effective January 1, 2007.)
1268.410.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
Verify source ↗

In an eminent domain case, the plaintiff is responsible for prorated ad valorem taxes, penalties, and costs on the acquired property from the date of apportionment.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1268.410. As between the plaintiff and defendant, the plaintiff is liable for any ad valorem taxes, penalties, and costs upon property acquired by eminent domain prorated from and including the date of apportionment determined pursuant to Section 5082 of the Revenue and Taxation Code. (Amended by Stats. 1979, Ch. 31.)
1268.420.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
Verify source ↗

This section allocates liability for certain property taxes, penalties, and costs after an eminent domain acquisition, with different results depending on whether the property becomes exempt property.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1268.420. (a) Except as provided in subdivision (b): (1) If the acquisition of property by eminent domain will make the property exempt property as defined in Section 5081 of the Revenue and Taxation Code, any ad valorem taxes, penalties, or costs on the property for which the plaintiff is liable pursuant to Section 1268.410 are not collectible. (2) If the acquisition of property by eminent domain will not make the property exempt property as defined in Section 5081 of the Revenue and Taxation Code, the plaintiff shall be deemed to be the assessee for the purposes of collection of any ad valorem taxes, penalties, and costs on the property for which the plaintiff is liable pursuant to Section 1268.410. (b) To the extent there is a dismissal or partial dismissal of the eminent domain proceeding, the amount of any unpaid ad valorem taxes, penalties, and costs on the property for which the plaintiff would be liable pursuant to Section 1268. 410 until the entry of judgment of dismissal shall be awarded to the defendant. The amount awarded shall be paid to the tax collector from the award or, if unpaid for any reason, are collectible from the defendant. (Repealed and added by Stats. 1979, Ch. 31.)
1268.430.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the defendant paid an amount the plaintiff was responsible for under this article, the plaintiff must reimburse the defendant. The defendant is entitled to payment and must claim it as costs within the stated time limits.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1268.430. (a) If the defendant has paid any amount for which, as between the plaintiff and defendant, the plaintiff is liable under this article, the plaintiff shall pay to the defendant a sum equal to such amount. (b) The amount the defendant is entitled to be paid under this section shall be claimed in the manner provided for claiming costs and at the following times: (1) If the plaintiff took possession of the property prior to judgment, at the time provided for claiming costs. (2) If the plaintiff did not take possession of the property prior to judgment, not later than 30 days after the plaintiff took title to the property. (Added by Stats. 1975, Ch. 1275.)
1268.440.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Taxes paid on exempt property are treated as erroneously collected and refunded to the taxpayer, and a public entity refund claim must include the cost bill or a perjury declaration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1268.440. (a) If taxes have been paid on property that is exempt property as defined in Section 5081 of the Revenue and Taxation Code, the amount of the taxes that, if unpaid, would have been subject to cancellation under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code shall be deemed to be erroneously collected and shall be refunded in the manner provided in Article 1 (commencing with Section 5096) of Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code to the person who paid the taxes. (b) The public entity shall be deemed to be the person who paid the taxes if the public entity reimbursed the defendant for the taxes under a cost bill filed in the eminent domain proceeding pursuant to Section 1268.430. A claim for refund of taxes filed by a public entity pursuant to this section shall contain a copy of the cost bill under which taxes were reimbursed or a declaration under penalty of perjury by the public entity that the taxes were reimbursed under a cost bill. (c) Taxes paid on either the secured or unsecured roll may be refunded pursuant to this section. (Added by Stats. 1979, Ch. 31.)
1268.450.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. )
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If eminent domain property has no separate valuation on the assessment roll, a party to the proceeding may apply to the tax collector for a separate valuation once the taxes are subject to cancellation under Article 5.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 5. Proration of Property Taxes [1268.410 - 1268.450] ( Article 5 added by Stats. 1975, Ch. 1275. ) ## 1268.450. If property acquired by eminent domain does not have a separate valuation on the assessment roll, any party to the eminent domain proceeding may, at any time after the taxes on the property are subject to cancellation under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code, apply to the tax collector for a separate valuation of the property in accordance with Article 3 (commencing with Section 2821) of Chapter 3 of Part 5 of Division 1 of the Revenue and Taxation Code notwithstanding any provision in that article to the contrary. (Added by Stats. 1979, Ch. 31.)
1268.610.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take [1268.610 - 1268.620] ( Article 7 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The court must award the defendant litigation expenses in specified dismissal or defeat-of-take situations, subject to partial-award rules and a special timing rule for cost bills.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take [1268.610 - 1268.620] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1268.610. (a) Subject to subdivisions (b) and (c), the court shall award the defendant his or her litigation expenses whenever: (1) The proceeding is wholly or partly dismissed for any reason. (2) Final judgment in the proceeding is that the plaintiff cannot acquire property it sought to acquire in the proceeding. (b) Where there is a partial dismissal or a final judgment that the plaintiff cannot acquire a portion of the property originally sought to be acquired, or a dismissal of one or more plaintiffs pursuant to Section 1260.020, the court shall award the defendant only those litigation expenses, or portion thereof, that would not have been incurred had the property sought to be acquired following the dismissal or judgment been the property originally sought to be acquired. (c) If the plaintiff files a notice of abandonment as to a particular defendant, or a request for dismissal of a particular defendant, and the court determines that the defendant did not own or have any interest in the property that the plaintiff sought to acquire in the proceeding, the court shall award that defendant only those litigation expenses incurred up to the time of filing the notice of abandonment or request for dismissal. (d) Litigation expenses under this section shall be claimed in and by a cost bill to be prepared, served, filed, and taxed as in a civil action. If the proceeding is dismissed upon motion of the plaintiff, the cost bill shall be filed within 30 days after notice of entry of judgment. (Amended by Stats. 2001, Ch. 192, Sec. 1. Effective January 1, 2002.)
1268.620.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take [1268.610 - 1268.620] ( Article 7 added by Stats. 1975, Ch. 1275. )
Verify source ↗

If the case is dismissed or the plaintiff cannot acquire the property, the court must order possession returned and provide just payment for damages caused by the proceeding and its dismissal.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 7. Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take [1268.610 - 1268.620] ( Article 7 added by Stats. 1975, Ch. 1275. ) ## 1268.620. If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the plaintiff, the proceeding is dismissed with regard to that property for any reason or there is a final judgment that the plaintiff cannot acquire that property, the court shall: (a) Order the plaintiff to deliver possession of the property to the persons entitled to it; and (b) Make such provision as shall be just for the payment of all damages proximately caused by the proceeding and its dismissal as to that property. (Added by Stats. 1975, Ch. 1275.)
1268.710.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Costs [1268.710 - 1268.720] ( Article 8 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Defendants are allowed their costs, including costs of determining apportionment of the award, but title-dispute costs between defendants are allocated as the court directs.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Costs [1268.710 - 1268.720] ( Article 8 added by Stats. 1975, Ch. 1275. ) ## 1268.710. The defendants shall be allowed their costs, including the costs of determining the apportionment of the award made pursuant to subdivision (b) of Section 1260.220, except that the costs of determining any issue as to title between two or more defendants shall be borne by the defendants in such proportion as the court may direct. (Added by Stats. 1975, Ch. 1275.)
1268.720.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Costs [1268.710 - 1268.720] ( Article 8 added by Stats. 1975, Ch. 1275. )
Verify source ↗

The defendant in the proceeding is generally allowed costs on appeal, unless the court orders otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 11. Postjudgment Procedure [1268.010 - 1268.720] ( Chapter 11 added by Stats. 1975, Ch. 1275. ) ## ARTICLE 8. Costs [1268.710 - 1268.720] ( Article 8 added by Stats. 1975, Ch. 1275. ) ## 1268.720. Unless the court otherwise orders, whether or not he is the prevailing party, the defendant in the proceeding shall be allowed his costs on appeal. This section does not apply to an appeal involving issues between defendants. (Added by Stats. 1975, Ch. 1275.)
1273.010.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Authorized takers of property for public use may agree to arbitrate disputes about compensation.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. ) ## 1273.010. (a) Any person authorized to acquire property for public use may enter into an agreement to arbitrate any controversy as to the compensation to be made in connection with the acquisition of the property. (b) Where property is already appropriated to a public use, the person authorized to compromise or settle the claim arising from a taking or damaging of such property for another public use may enter into an agreement to arbitrate any controversy as to the compensation to be made in connection with such taking or damaging. (c) For the purposes of this section, in the case of a public entity, “person” refers to the particular department, officer, commission, board, or governing body authorized to acquire property on behalf of the public entity or to compromise or settle a claim arising from the taking or damaging of the entity’s property. (Added by Stats. 1975, Ch. 1275.)
1273.020.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. )
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The party acquiring the property must pay specified arbitration expenses and fees, and may pay them from available acquisition funds.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. ) ## 1273.020. (a) Notwithstanding Sections 1283.2 and 1284.2, the party acquiring the property shall pay all of the expenses and fees of the neutral arbitrator and the statutory fees and mileage of all witnesses subpoenaed in the arbitration, together with other expenses of the arbitration incurred or approved by the neutral arbitrator, not including attorney’s fees or expert witness fees or other expenses incurred by other parties for their own benefit. (b) An agreement authorized by this chapter may require that the party acquiring the property pay reasonable attorney’s fees or expert witness fees, or both, to any other party to the arbitration. If the agreement requires the payment of such fees, the amount of the fees is a matter to be determined in the arbitration proceeding unless the agreement prescribes otherwise. (c) The party acquiring the property may pay the expenses and fees referred to in subdivisions (a) and (b) from funds available for the acquisition of the property or other funds available for the purpose. (Added by Stats. 1975, Ch. 1275.)
1273.030.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. )
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Agreements under this chapter may be made even if an eminent domain case has already started, and the court must pause compensation decisions when a party asks for arbitration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. ) ## 1273.030. (a) Except as specifically provided in this chapter, agreements authorized by this chapter are subject to Title 9 (commencing with Section 1280) of this part. (b) An agreement authorized by this chapter may be made whether or not an eminent domain proceeding has been commenced to acquire the property. If a proceeding has been commenced or is commenced, any petition or response relating to the arbitration shall be filed and determined in the proceeding. (c) Notwithstanding Section 1281.4, an agreement authorized by this chapter does not waive or restrict the power of any person to commence and prosecute an eminent domain proceeding, including the taking of possession prior to judgment, except that, upon motion of a party to the proceeding, the court shall stay the determination of compensation until any petition for an order to arbitrate is determined and, if arbitration is ordered, until arbitration is had in accordance with the order. (d) The effect and enforceability of an agreement authorized by this chapter is not defeated or impaired by contention or proof by any party to the agreement that the party acquiring the property pursuant to the agreement lacks the power or capacity to take the property by eminent domain. (e) Notwithstanding the rules as to venue provided by Sections 1292 and 1292.2, any petition relating to arbitration authorized by this chapter shall be filed in the superior court in the county in which the property, or any portion of the property, is located. (Added by Stats. 1975, Ch. 1275.)
1273.040.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. )
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The party acquiring property may abandon the acquisition and related proceedings, unless the agreement says it cannot, and only up to the stated deadline. If the acquisition is abandoned after the arbitration agreement is signed, the other party can recover certain expenses and fees.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. ) ## 1273.040. (a) Except as provided in subdivision (b), an agreement authorized by this chapter may specify the terms and conditions under which the party acquiring the property may abandon the acquisition, the arbitration proceeding, and any eminent domain proceeding that may have been, or may be, filed. Unless the agreement provides that the acquisition may not be abandoned, the party acquiring the property may abandon the acquisition, the arbitration proceeding, and any eminent domain proceeding at any time not later than the time for filing and serving a petition or response to vacate an arbitration award under Sections 1288, 1288.2, and 1290.6. (b) If the proceeding to acquire the property is abandoned after the arbitration agreement is executed, the party from whom the property was to be acquired is entitled to recover (1) all expenses reasonably and necessarily incurred (i) in preparing for the arbitration proceeding and for any judicial proceedings in connection with the acquisition of the property, (ii) during the arbitration proceeding and during any judicial proceedings in connection with the acquisition, and (iii) in any subsequent judicial proceedings in connection with the acquisition and (2) reasonable attorney’s fees, appraisal fees, and fees for the services of other experts where such fees were reasonably and necessarily incurred to protect his interests in connection with the acquisition of the property. Unless the agreement otherwise provides, the amount of such expenses and fees shall be determined by arbitration in accordance with the agreement. (Added by Stats. 1975, Ch. 1275.)
1273.050.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. )
Verify source ↗

Certain arbitration agreements may be recorded or rerecorded, and a memorandum can be recorded instead in some cases.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 7. EMINENT DOMAIN LAW [1230.010 - 1273.050] ( Title 7 repealed [comm. with Section 1237] and added by Stats. 1975, Ch. 1275. ) ## CHAPTER 12. Arbitration of Compensation in Acquisitions of Property for Public Use [1273.010 - 1273.050] ( Chapter 12 added by Stats. 1975, Ch. 1275. ) ## 1273.050. (a) An agreement authorized by this chapter may be acknowledged and recorded, and rerecorded, in the same manner and with the same effect as a conveyance of real property except that two years after the date the agreement is recorded, or rerecorded, the record ceases to be notice to any person for any purpose. (b) In lieu of recording the agreement, there may be recorded a memorandum thereof, executed by the parties to the agreement, containing at least the following information: the names of the parties to the agreement, a description of the property, and a statement that an arbitration agreement affecting such property has been entered into pursuant to this chapter. Such memorandum when acknowledged and recorded, or rerecorded, in the same manner as a conveyance of real property has the same effect as if the agreement itself were recorded or rerecorded. (Added by Stats. 1975, Ch. 1275.)
1275.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
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Applications for change of name must be determined by the Superior Courts.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1275. Applications for change of names must be determined by the Superior Courts. (Amended by Stats. 1983, Ch. 486, Sec. 1.)
1276.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
Verify source ↗

Name-change applications generally must be filed in the superior court of the county where the person lives, and the petition must include specified personal and family information.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1276. (a) (1) All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified in subdivision (e) or (g), either (A) by petition signed by the person or, if the person is under 18 years of age, by one of the person’s parents, by any guardian of the person, or as specified in subdivision (e), or, if both parents are deceased and there is no guardian of the person, then by some near relative or friend of the person, or (B) as provided in Section 7638 of the Family Code. (2) The petition or pleading shall specify the place of birth and residence of the person, the person’s present name, the name proposed, and the reason for the change of name. (b) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition shall, if neither parent of the person has signed the petition, name, as far as known to the person proposing the name change, the parents of the person and their place of residence, if living, or, if neither parent is living, near relatives of the person, and their place of residence. (c) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is under 18 years of age and the petition is signed by only one parent, the petition shall specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition shall specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed. (d) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, has been relinquished to an adoption agency by the person’s parent or parents, and has not been legally adopted, the petition shall be signed by the person and the adoption agency to which the person was relinquished. The near relatives of the person and their place of residence shall not be included in the petition unless they are known to the person whose name is proposed to be changed. (e) All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as guardian ad litem pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. All petitions for the change of name of a nonminor dependent may be made in the juvenile court. (f) If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of the child’s parents. (g) (1) On or after January 1, 2023, an application for a change of name may be made to a superior court for a person whose name is proposed to be changed, even if the person does not reside within the State of California, if the person is seeking to change their name on at least one of the following documents: (A) A birth certificate that was issued within this state to the person whose name is proposed to be changed. (B) A birth certificate that was issued within this state to the legal child of the person whose name is proposed to be changed. (C) A marriage license and certificate or a confidential marriage license and certificate that was issued within this state to the person whose name is proposed to be changed. (2) For the purposes of this subdivision, the superior court in the county where the birth under subparagraph (A) or (B) of paragraph (1) occurred or marriage under subparagraph (C) of paragraph (1) was entered shall be a proper venue for the proceeding. The name change shall be adjudicated in accordance with California law. (Amended by Stats. 2021, Ch. 577, Sec. 1.5. (AB 218) Effective January 1, 2022.)
1277.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
Verify source ↗

In a change-of-name case, the court must issue an order to show cause, set a hearing, and require notice/publication or posting unless an exception applies.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1277. (a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), (d), and (f), or Section 1277.5, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which includes the reasons for the objection, with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing. (2) (A) A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application. (B) (i) On or after January 1, 2023, if the person whose name is proposed to be changed does not live in the county where the petition is filed, pursuant to subdivision (g) of Section 1276, the copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation published in the county of the person’s residence. If a newspaper of general circulation is not published in the county of the person’s residence, a copy of the order to show cause shall be posted by the clerk of the court in the county of the person’s residence or a similarly situated local official in three of the most public places in the county of the person’s residence, for a like period. If the place where the person seeking the name change lives does not have counties, publication shall be made according to the requirements of this paragraph in the local subdivision or territory of the person’s residence. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application. (ii) If the person is unable to publish or post a copy of the order to show cause pursuant to clause (i), the court may allow an alternate method of publication or posting or may waive this requirement after sufficient evidence of diligent efforts to publish or post a copy of the order has been submitted to the satisfaction of the court. (3) Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient. (4) If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent. (b) (1) If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner has established that the petitioner is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program. (2) The procedure described in paragraph (1) applies to petitions alleging any of the following reasons or circumstances: (A) To avoid domestic violence, as defined in Section 6211 of the Family Code. (B) To avoid stalking, as defined in Section 646.9 of the Penal Code. (C) To avoid sexual assault, as defined in Section 1036.2 of the Evidence Code. (D) To avoid human trafficking, as defined in Section 236.1 of the Penal Code. (3) For any petition under this subdivision, the current legal name of the petitioner shall be kept confidential by the court and shall not be published or posted in the court’s calendars, indexes, or register of actions, as required by Article 7 (commencing with Section 69840) of Chapter 5 of Title 8 of the Government Code, or by any means or in any public forum, including a hardcopy or an electronic copy, or any other type of public media or display. (4) Notwithstanding paragraph (3), the court may, at the request of the petitioner, issue an order reciting the name of the petitioner at the time of the filing of the petition and the new legal name of the petitioner as a result of the court’s granting of the petition. (5) A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all of the following factors apply: (A) There exists an overriding interest that overcomes the right of public access to the record. (B) The overriding interest supports sealing the record. (C) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed. (D) The proposed order to seal the records is narrowly tailored. (E) No less restrictive means exist to achieve the overriding interest. (c) If the petition is filed for a minor or nonminor dependent who is under the jurisdiction of the juvenile court, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a). (d) A proceeding for a change of name for a witness participating in the state Witness Relocation and Assistance Program established by Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code who has been approved for the change of name by the program is exempt from the requirement for publication of the order to show cause under subdivision (a). (e) If an application for change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), whether as part of a petition or cross-complaint or as a separate order to show cause in a pending action thereunder, service of the application shall be made upon all other parties to the action in a like manner as prescribed for the service of a summons, as set forth in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing (whether trial or order to show cause) at which the issue of the change of name is to be decided. (f) If a guardian files a petition to change the name of the guardian’s minor ward pursuant to Section 1276: (1) The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing. (2) If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40. (Amended by Stats. 2021, Ch. 577, Sec. 2.5. (AB 218) Effective January 1, 2022.)
1278.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
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This section sets rules for when a court may hear and decide a name-change petition, including objection timing, confidentiality limits, and extra requirements for certain minor-ward petitions.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1278. (a) (1) Except as provided in subdivisions (c) and (d), the petition or application shall be heard at the time designated by the court, only if objections are filed by a person who can, in those objections, show to the court good cause against the change of name. At the hearing, the court may examine on oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name, or dismissing the petition or application, as the court may deem right and proper. (2) If no objection is filed at least two court days before the date set for hearing, the court may, without hearing, enter the order that the change of name is granted. (b) If the provisions of subdivision (b) of Section 1277 apply, the court shall not disclose the proposed name unless the court finds by clear and convincing evidence that the allegations of domestic violence, stalking, or sexual assault in the petition are false. (c) If the application for a change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), the hearing on the issue of the change of name shall be conducted pursuant to statutes and rules of court governing those proceedings, whether the hearing is conducted upon an order to show cause or upon trial. (d) If the petition for a change of name is filed by a guardian on behalf of a minor ward, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents. Upon making those findings, the court shall consider the petition and may grant the petition only if it finds that the proposed name change is in the best interest of the child. (e) This section shall become operative on September 1, 2018. (Repealed (in Sec. 6) and added by Stats. 2017, Ch. 853, Sec. 7. (SB 179) Effective January 1, 2018. Section operative September 1, 2018, by its own provisions.)
1278.5.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
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In a minor name-change case, the court may deny the petition, in whole or in part, if both parents do not consent and the court finds the change is not in the child’s best interest.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1278.5. In any proceeding pursuant to this title in which a petition has been filed to change the name of a minor, and both parents, if living, do not join in consent, the court may deny the petition in whole or in part if it finds that any portion of the proposed name change is not in the best interest of the child. (Amended by Stats. 2006, Ch. 567, Sec. 13. Effective January 1, 2007.)
1279.5.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
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This section preserves a general right to change a name, but adds special filing, notice, and court-review rules for people under correctional supervision and for certain sex-offender registrants.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1279.5. (a) Except as provided in subdivision (e) or (f), this title does not abrogate the common law right of a person to change his or her name. (b) A person under the jurisdiction of the Department of Corrections and Rehabilitation or sentenced to county jail has the right to petition the court to obtain a name or gender change pursuant to this title or Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code. (c) A person under the jurisdiction of the Department of Corrections and Rehabilitation shall provide a copy of the petition for a name change to the department, in a manner prescribed by the department, at the time the petition is filed. A person sentenced to county jail shall provide a copy of the petition for name change to the sheriff’s department, in a manner prescribed by the department, at the time the petition is filed. (d) In all documentation of a person under the jurisdiction of the Department of Corrections and Rehabilitation or imprisoned within a county jail, the new name of a person who obtains a name change shall be used, and prior names shall be listed as an alias. (e) Notwithstanding any other law, a court shall deny a petition for a name change pursuant to this title made by a person who is required to register as a sex offender under Section 290 of the Penal Code, unless the court determines that it is in the best interest of justice to grant the petition and that doing so will not adversely affect the public safety. If a petition for a name change is granted for an individual required to register as a sex offender, the individual shall, within five working days, notify the chief of police of the city in which he or she is domiciled, or the sheriff of the county if he or she is domiciled in an unincorporated area, and additionally with the chief of police of a campus of a University of California or California State University if he or she is domiciled upon the campus or in any of its facilities. (f) For the purpose of this section, the court shall use the California Law Enforcement Telecommunications System (CLETS) and Criminal Justice Information System (CJIS) to determine whether or not an applicant for a name change is required to register as a sex offender pursuant to Section 290 of the Penal Code. Each person applying for a name change shall declare under penalty of perjury that he or she is not required to register as a sex offender pursuant to Section 290 of the Penal Code. If a court is not equipped with CLETS or CJIS, the clerk of the court shall contact an appropriate local law enforcement agency, which shall determine whether or not the petitioner is required to register as a sex offender pursuant to Section 290 of the Penal Code. (g) This section shall become operative on September 1, 2018. (Repealed (in Sec. 2) and added by Stats. 2017, Ch. 856, Sec. 3. (SB 310) Effective January 1, 2018. Section operative September 1, 2018, by its own provisions.)
1279.6.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. )
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Businesses and service providers may not refuse service or demand a different name because a person uses a birth, former, or married/domestic-partnership name.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 8. CHANGE OF NAMES [1275 - 1279.6] ( Heading of Title 8 renumbered from Title 9 by Stats. 1951, Ch. 1708. ) ## 1279.6. No person engaged in a trade or business of any kind or in the provision of a service of any kind shall do any of the following: (a) Refuse to do business with a person, or refuse to provide the service to a person, regardless of the person’s marital status, because he or she has chosen to use or regularly uses his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership. (b) Impose, as a condition of doing business with a person, or as a condition of providing the service to a person, a requirement that the person, regardless of his or her marital status, use a name other than his or her birth name, former name, or name adopted upon solemnization of marriage or registration of domestic partnership, if the person has chosen to use or regularly uses that name. (Amended by Stats. 2007, Ch. 567, Sec. 3. Effective January 1, 2008.)
128.
## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. )
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Courts have broad powers to maintain order, enforce judgments and process, compel testimony, administer oaths, and control their process. An appellate court may not reverse or vacate a judgment by stipulation unless specific public-interest findings are made. Contempt orders against certain attorneys, public safety employees, sexual assault victims, domestic violence victims, and counties are subject to stay or special limits.

## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. ) ## 128. (a) Every court shall have the power to do all of the following: (1) To preserve and enforce order in its immediate presence. (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority. (3) To provide for the orderly conduct of proceedings before it, or its officers. (4) To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in an action or proceeding pending therein. (5) To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. (6) To compel the attendance of persons to testify in an action or proceeding pending therein, in the cases and manner provided in this code. (7) To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers and duties. (8) To amend and control its process and orders so as to make them conform to law and justice. An appellate court shall not reverse or vacate a duly entered judgment upon an agreement or stipulation of the parties unless the court finds both of the following: (A) There is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal. (B) The reasons of the parties for requesting reversal outweigh the erosion of public trust that may result from the nullification of a judgment and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement. (b) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting an attorney, his or her agent, investigator, or any person acting under the attorney’s direction, in the preparation and conduct of any action or proceeding, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, the violation of which is the basis of the contempt except for the conduct as may be proscribed by subdivision (b) of Section 6068 of the Business and Professions Code, relating to an attorney’s duty to maintain respect due to the courts and judicial officers. (c) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting a public safety employee acting within the scope of employment for reason of the employee’s failure to comply with a duly issued subpoena or subpoena duces tecum, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, “public safety employee” includes any peace officer, firefighter, paramedic, or any other employee of a public law enforcement agency whose duty is either to maintain official records or to analyze or present evidence for investigative or prosecutorial purposes. (d) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting the victim of a sexual assault, where the contempt consists of refusing to testify concerning that sexual assault, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, “sexual assault” means any act made punishable by Section 261, 262, 264.1, 285, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code. (e) Notwithstanding Section 1211 or any other law, if an order of contempt is made affecting the victim of domestic violence, where the contempt consists of refusing to testify concerning that domestic violence, the execution of any sentence shall be stayed pending the filing within three judicial days of a petition for extraordinary relief testing the lawfulness of the court’s order, a violation of which is the basis for the contempt. As used in this subdivision, the term “domestic violence” means “domestic violence” as defined in Section 6211 of the Family Code. (f) Notwithstanding Section 1211 or any other provision of law, no order of contempt shall be made affecting a county government or any member of its governing body acting pursuant to its constitutional or statutory authority unless the court finds, based on a review of evidence presented at a hearing conducted for this purpose, that either of the following conditions exist: (1) That the county has the resources necessary to comply with the order of the court. (2) That the county has the authority, without recourse to voter approval or without incurring additional indebtedness, to generate the additional resources necessary to comply with the order of the court, that compliance with the order of the court will not expose the county, any member of its governing body, or any other county officer to liability for failure to perform other constitutional or statutory duties, and that compliance with the order of the court will not deprive the county of resources necessary for its reasonable support and maintenance. (Amended by Stats. 2018, Ch. 423, Sec. 7. (SB 1494) Effective January 1, 2019.)
128.5.
## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. )
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A trial court may sanction a party, an attorney, or both for bad-faith actions or tactics that are frivolous or meant to cause delay, including by ordering payment of reasonable expenses and attorney’s fees.

## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. ) ## 128.5. (a) A trial court may order a party, the party’s attorney, or both, to pay the reasonable expenses, including attorney’s fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. (b) For purposes of this section: (1) “Actions or tactics” include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on an opposing party does not constitute “actions or tactics” for purposes of this section. (2) “Frivolous” means totally and completely without merit or for the sole purpose of harassing an opposing party. (c) Expenses pursuant to this section shall not be imposed except on notice contained in a party’s moving or responding papers or, on the court’s own motion, after notice and opportunity to be heard. An order imposing expenses shall be in writing and shall recite in detail the action or tactic or circumstances justifying the order. (d) In addition to any award pursuant to this section for an action or tactic described in subdivision (a), the court may assess punitive damages against the plaintiff on a determination by the court that the plaintiff’s action was an action maintained by a person convicted of a felony against the person’s victim, or the victim’s heirs, relatives, estate, or personal representative, for injuries arising from the acts for which the person was convicted of a felony, and that the plaintiff is guilty of fraud, oppression, or malice in maintaining the action. (e) This section shall not apply to disclosures and discovery requests, responses, objections, and motions. (f) Sanctions ordered pursuant to this section shall be ordered pursuant to the following conditions and procedures: (1) If, after notice and a reasonable opportunity to respond, the court issues an order pursuant to subdivision (a), the court may, subject to the conditions stated below, impose an appropriate sanction upon the party, the party’s attorneys, or both, for an action or tactic described in subdivision (a). In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence. (A) A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific alleged action or tactic, made in bad faith, that is frivolous or solely intended to cause unnecessary delay. (B) If the alleged action or tactic is the making or opposing of a written motion or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading that can be withdrawn or appropriately corrected, a notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court, unless 21 days after service of the motion or any other period as the court may prescribe, the challenged action or tactic is not withdrawn or appropriately corrected. (C) If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees. (D) If the alleged action or tactic is the making or opposing of a written motion or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading that can be withdrawn or appropriately corrected, the court on its own motion may enter an order describing the specific action or tactic, made in bad faith, that is frivolous or solely intended to cause unnecessary delay, and direct an attorney, law firm, or party to show cause why it has made an action or tactic as defined in subdivision (b), unless, within 21 days of service of the order to show cause, the challenged action or tactic is withdrawn or appropriately corrected. (2) An order for sanctions pursuant to this section shall be limited to what is sufficient to deter repetition of the action or tactic or comparable action or tactic by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney’s fees and other expenses incurred as a direct result of the action or tactic described in subdivision (a). (A) Monetary sanctions may not be awarded against a represented party for a violation of presenting a claim, defense, and other legal contentions that are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (B) Monetary sanctions may not be awarded on the court’s motion unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned. (g) A motion for sanctions brought by a party or a party’s attorney primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, shall itself be subject to a motion for sanctions. It is the intent of the Legislature that courts shall vigorously use its sanction authority to deter the improper actions or tactics or comparable actions or tactics of others similarly situated. (h) The liability imposed by this section is in addition to any other liability imposed by law for acts or omissions within the purview of this section. (i) This section applies to actions or tactics that were part of a civil case filed on or after January 1, 2015. (Amended (as amended by Stats. 2014, Ch. 425, Sec. 1) by Stats. 2017, Ch. 169, Sec. 1. (AB 984) Effective August 7, 2017.)
128.7.
## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. )
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Court filings covered by this section must be signed and certified, and the court can sanction violations.

## Code of Civil Procedure - CCP ## PART 1. OF COURTS OF JUSTICE [35 - 286] ( Part 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## TITLE 1. ORGANIZATION AND JURISDICTION [35 - 155] ( Title 1 repealed and added by Code Amendments 1880, Ch. 35. ) ## CHAPTER 6. General Provisions Respecting Courts of Justice [124 - 153] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1951, Ch. 1737. ) ## ARTICLE 2. Incidental Powers and Duties of Courts [128 - 130] ( Article 2 added by Code Amendments 1880, Ch. 35. ) ## 128.7. (a) Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer’s address and telephone number, if any. Except when otherwise provided by law, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. (b) By presenting to the court, whether by signing, filing, submitting, or later advocating, a pleading, petition, written notice of motion, or other similar paper, an attorney or unrepresented party is certifying that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following conditions are met: (1) It is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law. (3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. (4) The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. (c) If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation. In determining what sanctions, if any, should be ordered, the court shall consider whether a party seeking sanctions has exercised due diligence. (1) A motion for sanctions under this section shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate subdivision (b). Notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court unless, within 21 days after service of the motion, or any other period as the court may prescribe, the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney’s fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees. (2) On its own motion, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b), unless, within 21 days of service of the order to show cause, the challenged paper, claim, defense, contention, allegation, or denial is withdrawn or appropriately corrected. (d) A sanction imposed for violation of subdivision (b) shall be limited to what is sufficient to deter repetition of this conduct or comparable conduct by others similarly situated. Subject to the limitations in paragraphs (1) and (2), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorney’s fees and other expenses incurred as a direct result of the violation. (1) Monetary sanctions may not be awarded against a represented party for a violation of paragraph (2) of subdivision (b). (2) Monetary sanctions may not be awarded on the court’s motion unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party that is, or whose attorneys are, to be sanctioned. (e) When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this section and explain the basis for the sanction imposed. (f) In addition to any award pursuant to this section for conduct described in subdivision (b), the court may assess punitive damages against the plaintiff upon a determination by the court that the plaintiff’s action was an action maintained by a person convicted of a felony against the person’s victim, or the victim’s heirs, relatives, estate, or personal representative, for injuries arising from the acts for which the person was convicted of a felony, and that the plaintiff is guilty of fraud, oppression, or malice in maintaining the action. (g) This section shall not apply to disclosures and discovery requests, responses, objections, and motions. (h) A motion for sanctions brought by a party or a party’s attorney primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation, shall itself be subject to a motion for sanctions. It is the intent of the Legislature that courts shall vigorously use its sanctions authority to deter that improper conduct or comparable conduct by others similarly situated. (i) This section shall apply to a complaint or petition filed on or after January 1, 1995, and any other pleading, written notice of motion, or other similar paper filed in that matter. (Amended by Stats. 2005, Ch. 706, Sec. 9. Effective January 1, 2006.)
1280.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 1. General Provisions [1280 - 1280.2] ( Chapter 1 added by Stats. 1961, Ch. 461. )
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This section defines key terms used in the arbitration title.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 1. General Provisions [1280 - 1280.2] ( Chapter 1 added by Stats. 1961, Ch. 461. ) ## 1280. As used in this title: (a) “Agreement” includes, but is not limited to, agreements providing for valuations, appraisals, and similar proceedings and agreements between employers and employees or between their respective representatives. (b) “Award” includes, but is not limited to, an award made pursuant to an agreement not in writing. (c) “Consumer” means an individual who seeks, uses, or acquires, by purchase or lease, any goods or services for personal, family, or household purposes. (d) “Controversy” means any question arising between parties to an agreement whether the question is one of law or of fact or both. (e) “Drafting party” means the company or business that included a predispute arbitration provision in a contract with a consumer or employee. The term includes any third party relying upon, or otherwise subject to the arbitration provision, other than the employee or consumer. (f) “Employee” means any current employee, former employee, or applicant for employment. The term includes any person who is, was, or who claims to have been misclassified as an independent contractor or otherwise improperly placed into a category other than employee or applicant for employment. (g) “Neutral arbitrator” means an arbitrator who is (1) selected jointly by the parties or by the arbitrators selected by the parties, or (2) appointed by the court when the parties or the arbitrators selected by the parties fail to select an arbitrator who was to be selected jointly by the parties. (h) “Party to the arbitration” means a party to the arbitration agreement, including any of the following: (1) A party who seeks to arbitrate a controversy pursuant to the agreement. (2) A party against whom such arbitration is sought pursuant to the agreement. (3) A party who is made a party to the arbitration by order of the neutral arbitrator upon that party’s application, upon the application of any other party to the arbitration, or upon the neutral arbitrator’s own determination. (i) “Written agreement” includes a written agreement that has been extended or renewed by an oral or implied agreement. (Amended by Stats. 2019, Ch. 870, Sec. 2. (SB 707) Effective January 1, 2020.)
1280.2.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 1. General Provisions [1280 - 1280.2] ( Chapter 1 added by Stats. 1961, Ch. 461. )
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References in this title to a part of this title or another California law include all current and future amendments and additions.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 1. General Provisions [1280 - 1280.2] ( Chapter 1 added by Stats. 1961, Ch. 461. ) ## 1280.2. Whenever reference is made in this title to any portion of the title or of any other law of this State, the reference applies to all amendments and additions thereto now or hereafter made. (Repealed and added by Stats. 1961, Ch. 461.)
1281.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A written agreement to arbitrate an existing or future dispute is valid, enforceable, and irrevocable, except on grounds that would revoke any contract.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281. A written agreement to submit to arbitration an existing controversy or a controversy thereafter arising is valid, enforceable and irrevocable, save upon such grounds as exist for the revocation of any contract. (Repealed and added by Stats. 1961, Ch. 461.)
1281.1.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A request to arbitrate under Section 1299.4(a) is treated as if it were made under a written arbitration agreement.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.1. For the purposes of this article, any request to arbitrate made pursuant to subdivision (a) of Section 1299.4 shall be considered as made pursuant to a written agreement to submit a controversy to arbitration. (Added by Stats. 2000, Ch. 906, Sec. 1. Effective January 1, 2001.)
1281.12.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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If a party starts a civil action within the time allowed to demand arbitration, that lawsuit tolls the arbitration time limits for the controversy.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.12. If an arbitration agreement requires that arbitration of a controversy be demanded or initiated by a party to the arbitration agreement within a period of time, the commencement of a civil action by that party based upon that controversy, within that period of time, shall toll the applicable time limitations contained in the arbitration agreement with respect to that controversy, from the date the civil action is commenced until 30 days after a final determination by the court that the party is required to arbitrate the controversy, or 30 days after the final termination of the civil action that was commenced and initiated the tolling, whichever date occurs first. (Added by Stats. 2006, Ch. 266, Sec. 1. Effective January 1, 2007.)
1281.2.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A court must order arbitration if it finds a valid written arbitration agreement, unless waiver, rescission, or certain listed exceptions apply.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.2. On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party to the agreement refuses to arbitrate that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for rescission of the agreement. (c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings on a common issue of law or fact. For purposes of this section, a pending court action or special proceeding includes an action or proceeding initiated by the party refusing to arbitrate after the petition to compel arbitration has been filed, but on or before the date of the hearing on the petition. This subdivision shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295. (d) The petitioner is a state or federally chartered depository institution that, on or after January 1, 2018, is seeking to apply a written agreement to arbitrate, contained in a contract consented to by a respondent consumer, to a purported contractual relationship with that respondent consumer that was created by the petitioner fraudulently without the respondent consumer’s consent and by unlawfully using the respondent consumer’s personal identifying information, as defined in Section 1798.92 of the Civil Code. If the court determines that a written agreement to arbitrate a controversy exists, an order to arbitrate that controversy may not be refused on the ground that the petitioner’s contentions lack substantive merit. If the court determines that there are other issues between the petitioner and the respondent which are not subject to arbitration and which are the subject of a pending action or special proceeding between the petitioner and the respondent and that a determination of such issues may make the arbitration unnecessary, the court may delay its order to arbitrate until the determination of such other issues or until such earlier time as the court specifies. If the court determines that a party to the arbitration is also a party to litigation in a pending court action or special proceeding with a third party as set forth under subdivision (c), the court (1) may refuse to enforce the arbitration agreement and may order intervention or joinder of all parties in a single action or special proceeding; (2) may order intervention or joinder as to all or only certain issues; (3) may order arbitration among the parties who have agreed to arbitration and stay the pending court action or special proceeding pending the outcome of the arbitration proceeding; or (4) may stay arbitration pending the outcome of the court action or special proceeding. (Amended by Stats. 2018, Ch. 106, Sec. 1. (AB 3247) Effective January 1, 2019.)
1281.3.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A party may ask the court to consolidate separate arbitration proceedings, and the court may order consolidation if the specified conditions are met.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.3. A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exist between the same parties; or one party is a party to a separate arbitration agreement or proceeding with a third party; and (2) The disputes arise from the same transactions or series of related transactions; and (3) There is common issue or issues of law or fact creating the possibility of conflicting rulings by more than one arbitrator or panel of arbitrators. If all of the applicable arbitration agreements name the same arbitrator, arbitration panel, or arbitration tribunal, the court, if it orders consolidation, shall order all matters to be heard before the arbitrator, panel, or tribunal agreed to by the parties. If the applicable arbitration agreements name separate arbitrators, panels, or tribunals, the court, if it orders consolidation, shall, in the absence of an agreed method of selection by all parties to the consolidated arbitration, appoint an arbitrator in accord with the procedures set forth in Section 1281.6. In the event that the arbitration agreements in consolidated proceedings contain inconsistent provisions, the court shall resolve such conflicts and determine the rights and duties of the various parties to achieve substantial justice under all the circumstances. The court may exercise its discretion under this section to deny consolidation of separate arbitration proceedings or to consolidate separate arbitration proceedings only as to certain issues, leaving other issues to be resolved in separate proceedings. This section shall not be applicable to an agreement to arbitrate disputes as to the professional negligence of a health care provider made pursuant to Section 1295. (Added by Stats. 1978, Ch. 260.)
1281.4.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A court must stay a pending action or proceeding when a related arbitration has been ordered or requested, if a party moves for the stay.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.4. If a court of competent jurisdiction, whether in this State or not, has ordered arbitration of a controversy which is an issue involved in an action or proceeding pending before a court of this State, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. If an application has been made to a court of competent jurisdiction, whether in this State or not, for an order to arbitrate a controversy which is an issue involved in an action or proceeding pending before a court of this State and such application is undetermined, the court in which such action or proceeding is pending shall, upon motion of a party to such action or proceeding, stay the action or proceeding until the application for an order to arbitrate is determined and, if arbitration of such controversy is ordered, until an arbitration is had in accordance with the order to arbitrate or until such earlier time as the court specifies. If the issue which is the controversy subject to arbitration is severable, the stay may be with respect to that issue only. (Added by Stats. 1961, Ch. 461.)
1281.5.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A claimant enforcing a lien claim can preserve arbitration rights only by taking specified steps and meeting short deadlines; otherwise arbitration rights may be waived.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.5. (a) Any person who proceeds to record and enforce a claim of lien by commencement of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, does not thereby waive any right of arbitration the person may have pursuant to a written agreement to arbitrate, if, in filing an action to enforce the claim of lien, the claimant does either of the following: (1) Includes an allegation in the complaint that the claimant does not intend to waive any right of arbitration, and intends to move the court, within 30 days after service of the summons and complaint, for an order to stay further proceedings in the action. (2) At the same time that the complaint is filed, the claimant files an application that the action be stayed pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. (b) Within 30 days after service of the summons and complaint, the claimant shall file and serve a motion and notice of motion pursuant to Section 1281.4 to stay the action pending the arbitration of any issue, question, or dispute that is claimed to be arbitrable under the agreement and that is relevant to the action to enforce the claim of lien. The failure of a claimant to comply with this subdivision is a waiver of the claimant’s right to compel arbitration. (c) The failure of a defendant to file a petition pursuant to Section 1281.2 at or before the time the defendant answers the complaint filed pursuant to subdivision (a) is a waiver of the defendant’s right to compel arbitration. (Amended by Stats. 2010, Ch. 697, Sec. 25. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
1281.6.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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This section sets the process for appointing an arbitrator under an arbitration agreement.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.6. If the arbitration agreement provides a method of appointing an arbitrator, that method shall be followed. If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek arbitration and against whom arbitration is sought may agree on a method of appointing an arbitrator and that method shall be followed. In the absence of an agreed method, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails to act and his or her successor has not been appointed, the court, on petition of a party to the arbitration agreement, shall appoint the arbitrator. When a petition is made to the court to appoint a neutral arbitrator, the court shall nominate five persons from lists of persons supplied jointly by the parties to the arbitration or obtained from a governmental agency concerned with arbitration or private disinterested association concerned with arbitration. The parties to the agreement who seek arbitration and against whom arbitration is sought may within five days of receipt of notice of the nominees from the court jointly select the arbitrator whether or not the arbitrator is among the nominees. If the parties fail to select an arbitrator within the five-day period, the court shall appoint the arbitrator from the nominees. (Amended by Stats. 2001, Ch. 362, Sec. 3. Effective January 1, 2002.)
1281.7.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A petition under Section 1281.2 may be filed instead of an answer, and if the petition is denied, the petitioning defendant has 15 days to plead to the complaint.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.7. A petition pursuant to Section 1281.2 may be filed in lieu of filing an answer to a complaint. The petitioning defendant shall have 15 days after any denial of the petition to plead to the complaint. (Added by Stats. 1987, Ch. 1080, Sec. 9.)
1281.85.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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Neutral arbitrators must follow Judicial Council ethics standards, and those standards cannot be waived.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.85. (a) Beginning July 1, 2002, a person serving as a neutral arbitrator pursuant to an arbitration agreement shall comply with the ethics standards for arbitrators adopted by the Judicial Council pursuant to this section. The Judicial Council shall adopt ethical standards for all neutral arbitrators effective July 1, 2002. These standards shall be consistent with the standards established for arbitrators in the judicial arbitration program and may expand but may not limit the disclosure and disqualification requirements established by this chapter. The standards shall address the disclosure of interests, relationships, or affiliations that may constitute conflicts of interest, including prior service as an arbitrator or other dispute resolution neutral entity, disqualifications, acceptance of gifts, and establishment of future professional relationships. (b) Subdivision (a) does not apply to an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. (c) The ethics requirements and standards of this chapter are nonnegotiable and shall not be waived. (Amended by Stats. 2009, Ch. 133, Sec. 1. (AB 1090) Effective January 1, 2010.)
1281.9.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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A proposed neutral arbitrator must disclose possible bias-related matters and provide the disclosures to all parties in writing within 10 calendar days after notice of the proposed nomination or appointment.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.9. (a) In any arbitration pursuant to an arbitration agreement, when a person is to serve as a neutral arbitrator, the proposed neutral arbitrator shall disclose all matters that could cause a person aware of the facts to reasonably entertain a doubt that the proposed neutral arbitrator would be able to be impartial, including all of the following: (1) The existence of any ground specified in Section 170.1 for disqualification of a judge. For purposes of paragraph (8) of subdivision (a) of Section 170.1, the proposed neutral arbitrator shall disclose whether or not they have a current arrangement concerning prospective employment or other compensated service as a dispute resolution neutral or are participating in, or, within the last two years, have participated in, discussions regarding such prospective employment or service with a party to the proceeding. (2) Any matters required to be disclosed by the ethics standards for neutral arbitrators adopted by the Judicial Council pursuant to this chapter. (3) The names of the parties to all prior or pending noncollective bargaining cases in which the proposed neutral arbitrator served or is serving as a party arbitrator for a party to the arbitration proceeding or for a lawyer for a party and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys, and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party who is not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (4) The names of the parties to all prior or pending noncollective bargaining cases involving a party to the arbitration or lawyer for a party for which the proposed neutral arbitrator served or is serving as neutral arbitrator, and the results of each case arbitrated to conclusion, including the date of the arbitration award, identification of the prevailing party, the names of the parties’ attorneys and the amount of monetary damages awarded, if any. In order to preserve confidentiality, it shall be sufficient to give the name of any party not a party to the pending arbitration as “claimant” or “respondent” if the party is an individual and not a business or corporate entity. (5) Any attorney-client relationship the proposed neutral arbitrator has or had with a party or lawyer for a party to the arbitration proceeding. (6) Any professional or significant personal relationship the proposed neutral arbitrator or their spouse or minor child living in the household has or has had with any party to the arbitration proceeding or lawyer for a party. (7) (A) In a consumer arbitration case, any solicitation made after January 1, 2025, and within the last two years by, or at the direction of, the private arbitration company to a party or lawyer for a party to the consumer arbitration. (B) This paragraph does not apply to an arbitration conducted or administered by a self-regulatory organization, as defined by the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a) or regulations adopted under that act. (b) Subject only to the disclosure requirements of law, the proposed neutral arbitrator shall disclose all matters required to be disclosed pursuant to this section to all parties in writing within 10 calendar days of service of notice of the proposed nomination or appointment. (c) For purposes of this section: (1) “Lawyer for a party” includes any lawyer or law firm currently associated in the practice of law with the lawyer hired to represent a party. (2) “Prior cases” means noncollective bargaining cases in which an arbitration award was rendered within five years prior to the date of the proposed nomination or appointment. (3) “Any arbitration” does not include an arbitration conducted pursuant to the terms of a public or private sector collective bargaining agreement. (4) (A) “Solicitation” includes either of the following: (i) Private presentations made to a party or lawyer for a party by the private arbitration company or the arbitrator. (ii) Oral or written discussions, meetings, or negotiations to designate the private arbitration company or the arbitrator as the arbitration provider or arbitrator for a party in specific contracts. (B) “Solicitation” does not include any of the following: (i) Advertising directed to the general public. (ii) Communications indicating a general willingness to serve as an arbitrator or private arbitration company. For purposes of this clause, “communications” include, but are not limited to, standard educational materials about alternative dispute resolution or the provider organization. (iii) Presentations made by the private arbitration company or the arbitrator at a program or seminar held open to the public. (iv) Responding to inquiries regarding the arbitration provider’s costs, rules, procedures, or standards. (Amended by Stats. 2024, Ch. 986, Sec. 4. (SB 940) Effective January 1, 2025.)
1281.91.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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This section lets a party disqualify a proposed neutral arbitrator based on disclosure problems, with strict notice deadlines, and also allows one court-appointed arbitrator to be disqualified without cause in a single arbitration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.91. (a) A proposed neutral arbitrator shall be disqualified if he or she fails to comply with Section 1281.9 and any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after the proposed nominee or appointee fails to comply with Section 1281.9. (b) (1) If the proposed neutral arbitrator complies with Section 1281.9, the proposed neutral arbitrator shall be disqualified on the basis of the disclosure statement after any party entitled to receive the disclosure serves a notice of disqualification within 15 calendar days after service of the disclosure statement. (2) A party shall have the right to disqualify one court-appointed arbitrator without cause in any single arbitration, and may petition the court to disqualify a subsequent appointee only upon a showing of cause. (c) The right of a party to disqualify a proposed neutral arbitrator pursuant to this section shall be waived if the party fails to serve the notice pursuant to the times set forth in this section, unless the proposed nominee or appointee makes a material omission or material misrepresentation in his or her disclosure. Except as provided in subdivision (d), in no event may a notice of disqualification be given after a hearing of any contested issue of fact relating to the merits of the claim or after any ruling by the arbitrator regarding any contested matter. Nothing in this subdivision shall limit the right of a party to vacate an award pursuant to Section 1286.2, or to disqualify an arbitrator pursuant to any other law or statute. (d) If any ground specified in Section 170.1 exists, a neutral arbitrator shall disqualify himself or herself upon the demand of any party made before the conclusion of the arbitration proceeding. However, this subdivision does not apply to arbitration proceedings conducted under a collective bargaining agreement between employers and employees or their respective representatives. (Added by Stats. 2001, Ch. 362, Sec. 6. Effective January 1, 2002.)
1281.92.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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Private arbitration companies may not handle consumer arbitrations if they have conflicted financial interests in a party, attorney, or the company itself.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.92. (a) No private arbitration company may administer a consumer arbitration, or provide any other services related to a consumer arbitration, if the company has, or within the preceding year has had, a financial interest, as defined in Section 170.5, in any party or attorney for a party. (b) No private arbitration company may administer a consumer arbitration, or provide any other services related to a consumer arbitration, if any party or attorney for a party has, or within the preceding year has had, any type of financial interest in the private arbitration company. (c) This section shall operate only prospectively so as not to prohibit the administration of consumer arbitrations on the basis of financial interests held prior to January 1, 2003. (d) This section applies to all consumer arbitration agreements subject to this article, and to all consumer arbitration proceedings conducted in California. (e) This section shall become operative on January 1, 2003. (Added by Stats. 2002, Ch. 952, Sec. 1. Effective January 1, 2003.)
1281.93.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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During a consumer arbitration, no solicitation may be made to a party or to that party’s lawyer.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.93. (a) During the pendency of the consumer arbitration, a solicitation shall not be made of a party to the arbitration or of a lawyer for a party to the arbitration. (b) For purposes of this section: (1) “Lawyer for a party” has the same meaning as defined in Section 1281.9. (2) “Solicitation” has the same meaning as defined in Section 1281.9. (Added by Stats. 2024, Ch. 986, Sec. 5. (SB 940) Effective January 1, 2025.)
1281.95.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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In certain residential construction arbitration cases over $3,000, the arbitrator must give each party a sworn written disclosure within 10 days of appointment.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.95. (a) In a binding arbitration of any claim for more than three thousand dollars ($3,000) pursuant to a contract for the construction or improvement of residential property consisting of one to four units, the arbitrator shall, within 10 days following his or her appointment, provide to each party a written declaration under penalty of perjury. This declaration shall disclose (1) whether the arbitrator or his or her employer or arbitration service had or has a personal or professional affiliation with either party, and (2) whether the arbitrator or his or her employer or arbitration service has been selected or designated as an arbitrator by either party in another transaction. (b) If the arbitrator discloses an affiliation with either party, discloses that the arbitrator has been selected or designated as an arbitrator by either party in another arbitration, or fails to comply with this section, he or she may be disqualified from the arbitration by either party. (c) A notice of disqualification shall be served within 15 days after the arbitrator makes the required disclosures or fails to comply. The right of a party to disqualify an arbitrator shall be waived if the party fails to serve the notice of disqualification pursuant to this subdivision unless the arbitration makes a material omission or material misrepresentation in his or her disclosure. Nothing in this section shall limit the right of a party to vacate an award pursuant to Section 1286.2, or to disqualify an arbitrator pursuant to any other law or statute. (Amended by Stats. 2002, Ch. 1008, Sec. 5. Effective January 1, 2003.)
1281.96.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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Private arbitration companies involved in consumer arbitrations must publish a cumulative public report with specified case information, keep it searchable online, and provide paper copies under stated fee rules.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.96. (a) Except as provided in paragraph (2) of subdivision (c), a private arbitration company that administers or is otherwise involved in a consumer arbitration, shall collect, publish at least quarterly, and make available to the public on the internet website of the private arbitration company, if any, and on paper upon request, a single cumulative report that contains all of the following information regarding each consumer arbitration within the preceding five years: (1) Whether arbitration was demanded pursuant to a pre-dispute arbitration clause and, if so, whether the pre-dispute arbitration clause designated the administering private arbitration company. (2) The name of the nonconsumer party, if the nonconsumer party is a corporation or other business entity, and whether the nonconsumer party was the initiating party or the responding party, if known. (3) The nature of the dispute involved as one of the following: goods; credit; other banking or finance; insurance; health care; construction; real estate; telecommunications, including software and Internet usage; debt collection; personal injury; employment; or other. If the dispute involved employment, the amount of the employee’s annual wage divided into the following ranges: less than one hundred thousand dollars ($100,000), one hundred thousand dollars ($100,000) to two hundred fifty thousand dollars ($250,000), inclusive, and over two hundred fifty thousand dollars ($250,000). If the employee chooses not to provide wage information, it may be noted. (4) Whether the consumer or nonconsumer party was the prevailing party. As used in this section, “prevailing party” includes the party with a net monetary recovery or an award of injunctive relief. (5) The total number of occasions, if any, the nonconsumer party has previously been a party in an arbitration administered by the private arbitration company. (6) The total number of occasions, if any, the nonconsumer party has previously been a party in a mediation administered by the private arbitration company. (7) Whether the consumer party was represented by an attorney and, if so, the name of the attorney and the full name of the law firm that employs the attorney, if any. (8) The date the private arbitration company received the demand for arbitration, the date the arbitrator was appointed, and the date of disposition by the arbitrator or private arbitration company. (9) The type of disposition of the dispute, if known, identified as one of the following: withdrawal, abandonment, settlement, award after hearing, award without hearing, default, or dismissal without hearing. If a case was administered in a hearing, indicate whether the hearing was conducted in person, by telephone or video conference, or by documents only. (10) The amount of the claim, whether equitable relief was requested or awarded, the amount of any monetary award, the amount of any attorney’s fees awarded, and any other relief granted, if any. (11) The name of the arbitrator, the arbitrator’s total fee for the case, the percentage of the arbitrator’s fee allocated to each party, whether a waiver of any fees was granted, and, if so, the amount of the waiver. (12) Demographic data, reported in the aggregate, relative to ethnicity, race, disability, veteran status, gender, gender identity, and sexual orientation of all arbitrators as self-reported by the arbitrators. Demographic data disclosed or released pursuant to this paragraph shall also indicate the percentage of respondents who declined to respond. (b) The information required by this section shall be made available in a format that allows the public to search and sort the information using readily available software, and shall be directly accessible from a conspicuously displayed link on the internet website of the private arbitration company with the identifying description: “consumer case information.” (c) (1) If the information required by subdivision (a) is provided by the private arbitration company in compliance with subdivision (b) and may be downloaded without a fee, the company may charge the actual cost of copying to any person who requests the information on paper. If the information required by subdivision (a) is not accessible by the internet in compliance with subdivision (b), the company shall provide that information without charge to any person who requests the information on paper. (2) Notwithstanding paragraph (1), a private arbitration company that receives funding pursuant to Chapter 8 (commencing with Section 465) of Division 1 of the Business and Professions Code and that administers or conducts fewer than 50 consumer arbitrations per year may collect and publish the information required by subdivision (a) semiannually, provide the information only on paper, and charge the actual cost of copying. (d) This section shall apply to any consumer arbitration commenced on or after January 1, 2003. (e) A private arbitration company shall not have any liability for collecting, publishing, or distributing the information required by this section. (f) It is the intent of the Legislature that private arbitration companies comply with all legal obligations of this section. (g) The amendments to subdivision (a) made by the act adding this subdivision shall not apply to any consumer arbitration administered by a private arbitration company before January 1, 2015. (Amended by Stats. 2019, Ch. 870, Sec. 3. (SB 707) Effective January 1, 2020.)
1281.97.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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In certain employment or consumer arbitrations, the arbitration provider must invoice the parties, the drafting party can lose the right to compel arbitration if required fees are not paid within 30 days after they are due, and the employee or consumer may move the dispute to court or compel arbitration with fee shifting.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.97. (a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, the drafting party to pay certain fees and costs before the arbitration can proceed, if the fees or costs to initiate an arbitration proceeding are not paid within 30 days after the due date the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel arbitration under Section 1281.2. (2) After an employee or consumer meets the filing requirements necessary to initiate an arbitration, the arbitration provider shall immediately provide an invoice for any fees and costs required before the arbitration can proceed to all of the parties to the arbitration. The invoice shall be provided in its entirety, shall state the full amount owed and the date that payment is due, and shall be sent to all parties by the same means on the same day. To avoid delay, absent an express provision in the arbitration agreement stating the number of days in which the parties to the arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to the parties as due upon receipt. (b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (a), the employee or consumer may do either of the following: (1) Withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction. (2) Compel arbitration in which the drafting party shall pay reasonable attorney’s fees and costs related to the arbitration. (c) If the employee or consumer withdraws the claim from arbitration and proceeds with an action in a court of appropriate jurisdiction under paragraph (1) of subdivision (b), the statute of limitations with regard to all claims brought or that relate back to any claim brought in arbitration shall be tolled as of the date of the first filing of a claim in a court, arbitration forum, or other dispute resolution forum. (d) If the employee or consumer proceeds with an action in a court of appropriate jurisdiction, the court shall impose sanctions on the drafting party in accordance with Section 1281.99. (Amended by Stats. 2021, Ch. 222, Sec. 2. (SB 762) Effective January 1, 2022.)
1281.98.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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In certain employment or consumer arbitrations, the arbitration provider must send invoices and payment-status documents, and if the drafting party does not pay required fees within 30 days after they are due, the drafting party is in default and loses the right to compel arbitration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.98. (a) (1) In an employment or consumer arbitration that requires, either expressly or through application of state or federal law or the rules of the arbitration provider, that the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbitration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach. (2) The arbitration provider shall provide an invoice for any fees and costs required for the arbitration proceeding to continue to all of the parties to the arbitration. The invoice shall be provided in its entirety, shall state the full amount owed and the date that payment is due, and shall be sent to all parties by the same means on the same day. To avoid delay, absent an express provision in the arbitration agreement stating the number of days in which the parties to the arbitration must pay any required fees or costs, the arbitration provider shall issue all invoices to the parties as due upon receipt. Any extension of time for the due date shall be agreed upon by all parties. Once the invoice has been paid, the arbitration provider shall provide to all parties a document that reflects the date on which the invoice was paid. (b) If the drafting party materially breaches the arbitration agreement and is in default under subdivision (a), the employee or consumer may unilaterally elect to do any of the following: (1) Withdraw the claim from arbitration and proceed in a court of appropriate jurisdiction. If the employee or consumer withdraws the claim from arbitration and proceeds with an action in a court of appropriate jurisdiction, the statute of limitations with regard to all claims brought or that relate back to any claim brought in arbitration shall be tolled as of the date of the first filing of a claim in any court, arbitration forum, or other dispute resolution forum. (2) Continue the arbitration proceeding, if the arbitration provider agrees to continue administering the proceeding, notwithstanding the drafting party’s failure to pay fees or costs. The neutral arbitrator or arbitration provider may institute a collection action at the conclusion of the arbitration proceeding against the drafting party that is in default of the arbitration for payment of all fees associated with the employment or consumer arbitration proceeding, including the cost of administering any proceedings after the default. (3) Petition the court for an order compelling the drafting party to pay all arbitration fees that the drafting party is obligated to pay under the arbitration agreement or the rules of the arbitration provider. (4) Pay the drafting party’s fees and proceed with the arbitration proceeding. As part of the award, the employee or consumer shall recover all arbitration fees paid on behalf of the drafting party without regard to any findings on the merits in the underlying arbitration. (c) If the employee or consumer withdraws the claim from arbitration and proceeds in a court of appropriate jurisdiction pursuant to paragraph (1) of subdivision (b), both of the following apply: (1) The employee or consumer may bring a motion, or a separate action, to recover all attorney’s fees and all costs associated with the abandoned arbitration proceeding. The recovery of arbitration fees, interest, and related attorney’s fees shall be without regard to any findings on the merits in the underlying action or arbitration. (2) The court shall impose sanctions on the drafting party in accordance with Section 1281.99. (d) If the employee or consumer continues in arbitration pursuant to paragraphs (2) through (4) of subdivision (b), inclusive, the arbitrator shall impose appropriate sanctions on the drafting party, including monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctions. (Amended by Stats. 2023, Ch. 478, Sec. 17. (AB 1756) Effective January 1, 2024.)
1281.99.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. )
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If a drafting party materially breaches an arbitration agreement, the court must impose a monetary sanction, and it may impose additional sanctions unless justification or fairness concerns make that unjust.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 2. Enforcement of Arbitration Agreements [1281 - 1281.99] ( Chapter 2 added by Stats. 1961, Ch. 461. ) ## 1281.99. (a) The court shall impose a monetary sanction against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, by ordering the drafting party to pay the reasonable expenses, including attorney’s fees and costs, incurred by the employee or consumer as a result of the material breach. (b) In addition to the monetary sanction described in subdivision (a), the court may order any of the following sanctions against a drafting party that materially breaches an arbitration agreement pursuant to subdivision (a) of Section 1281.97 or subdivision (a) of Section 1281.98, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (1) An evidence sanction by an order prohibiting the drafting party from conducting discovery in the civil action. (2) A terminating sanction by one of the following orders: (A) An order striking out the pleadings or parts of the pleadings of the drafting party. (B) An order rendering a judgment by default against the drafting party. (3) A contempt sanction by an order treating the drafting party as in contempt of court. (Added by Stats. 2019, Ch. 870, Sec. 6. (SB 707) Effective January 1, 2020.)
1282.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
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Default rule: an arbitration must be conducted by a single neutral arbitrator unless the arbitration agreement or the parties’ later agreement provides otherwise.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282. Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all of the parties thereto: (a) The arbitration shall be by a single neutral arbitrator. (b) If there is more than one arbitrator, the powers and duties of the arbitrators, other than the powers and duties of a neutral arbitrator, may be exercised by a majority of them if reasonable notice of all proceedings has been given to all arbitrators. (c) If there is more than one neutral arbitrator: (1) The powers and duties of a neutral arbitrator may be exercised by a majority of the neutral arbitrators. (2) By unanimous agreement of the neutral arbitrators, the powers and duties may be delegated to one of their number but the power to make or correct the award may not be so delegated. (d) If there is no neutral arbitrator, the powers and duties of a neutral arbitrator may be exercised by a majority of the arbitrators. (Amended by Stats. 1997, Ch. 445, Sec. 3. Effective January 1, 1998.)
1282.2.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
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This section sets hearing notice, disclosure, and conduct rules for arbitration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282.2. Unless the arbitration agreement otherwise provides, or unless the parties to the arbitration otherwise provide by an agreement which is not contrary to the arbitration agreement as made or as modified by all the parties thereto: (a) (1) The neutral arbitrator shall appoint a time and place for the hearing and cause notice thereof to be served personally or by registered or certified mail on the parties to the arbitration and on the other arbitrators not less than seven days before the hearing. Appearance at the hearing waives the right to notice. (2) With the exception of matters arising out of collective-bargaining agreements, those described in Section 1283.05, actions involving personal injury or death, or as provided in the parties’ agreement to arbitrate, in the event the aggregate amount in controversy exceeds fifty thousand dollars ($50,000) and the arbitrator is informed thereof by any party in writing by personal service, registered or certified mail, prior to designating a time and place of hearing pursuant to paragraph (1), the neutral arbitrator by the means prescribed in paragraph (1) shall appoint a time and place for hearing not less than 60 days before the hearing, and the following provisions shall apply: (A) Either party shall within 15 days of receipt of the notice of hearing have the right to demand in writing, served personally or by registered or certified mail, that the other party provide a list of witnesses it intends to call designating which witnesses will be called as expert witnesses and a list of documents it intends to introduce at the hearing provided that the demanding party provides such lists at the time of its demand. A copy of such demand and the demanding party’s lists shall be served on the arbitrator. (B) Such lists shall be served personally or by registered or certified mail on the requesting party 15 days thereafter. Copies thereof shall be served on the arbitrator. (C) Listed documents shall be made available for inspection and copying at reasonable times prior to the hearing. (D) Time limits provided herein may be waived by mutual agreement of the parties if approved by the arbitrator. (E) The failure to list a witness or a document shall not bar the testimony of an unlisted witness or the introduction of an undesignated document at the hearing, provided that good cause for omission from the requirements of subparagraph (A) is shown, as determined by the arbitrator. (F) The authority of the arbitrator to administer and enforce this paragraph shall be as provided in subdivisions (b) to (e), inclusive, of Section 1283.05. (b) The neutral arbitrator may adjourn the hearing from time to time as necessary. On request of a party to the arbitration for good cause, or upon his own determination, the neutral arbitrator may postpone the hearing to a time not later than the date fixed by the agreement for making the award, or to a later date if the parties to the arbitration consent thereto. (c) The neutral arbitrator shall preside at the hearing, shall rule on the admission and exclusion of evidence and on questions of hearing procedure and shall exercise all powers relating to the conduct of the hearing. (d) The parties to the arbitration are entitled to be heard, to present evidence and to cross-examine witnesses appearing at the hearing, but rules of evidence and rules of judicial procedure need not be observed. On request of any party to the arbitration, the testimony of witnesses shall be given under oath. (e) If a court has ordered a person to arbitrate a controversy, the arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party ordered to arbitrate, who has been duly notified, to appear. (f) If an arbitrator, who has been duly notified, for any reason fails to participate in the arbitration, the arbitration shall continue but only the remaining neutral arbitrator or neutral arbitrators may make the award. (g) If a neutral arbitrator intends to base an award upon information not obtained at the hearing, he shall disclose the information to all parties to the arbitration and give the parties an opportunity to meet it. (Amended by Stats. 1981, Ch. 714, Sec. 72.)
1282.4.
## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. )
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This section gives parties in arbitration a right to attorney representation and sets a certificate process for out-of-state attorneys who want to appear in California arbitration.

## Code of Civil Procedure - CCP ## PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60] ( Part 3 enacted 1872. ) ## TITLE 9. ARBITRATION [1280 - 1294.4] ( Title 9 repealed and added by Stats. 1961, Ch. 461. ) ## CHAPTER 3. Conduct of Arbitration Proceedings [1282 - 1284.3] ( Chapter 3 added by Stats. 1961, Ch. 461. ) ## 1282.4. (a) A party to the arbitration has the right to be represented by an attorney at any proceeding or hearing in arbitration under this title. A waiver of this right may be revoked; but if a party revokes that waiver, the other party is entitled to a reasonable continuance for the purpose of procuring an attorney. (b) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, an attorney admitted to the bar of any other state may represent the parties in the course of, or in connection with, an arbitration proceeding in this state, provided that the attorney, if not admitted to the State Bar of California, satisfies all of the following: (1) He or she timely serves the certificate described in subdivision (c). (2) The attorney’s appearance is approved in writing on that certificate by the arbitrator, the arbitrators, or the arbitral forum. (3) The certificate bearing approval of the attorney’s appearance is filed with the State Bar of California and served on the parties as described in this section. (c) Within a reasonable period of time after the attorney described in subdivision (b) indicates an intention to appear in the arbitration, the attorney shall serve a certificate in a form prescribed by the State Bar of California on the arbitrator, arbitrators, or arbitral forum, the State Bar of California, and all other parties and counsel in the arbitration whose addresses are known to the attorney. The certificate shall state all of the following: (1) The case name and number, and the name of the arbitrator, arbitrators, or arbitral forum assigned to the proceeding in which the attorney seeks to appear. (2) The attorney’s residence and office address. (3) The courts before which the attorney has been admitted to practice and the dates of admission. (4) That the attorney is currently a member in good standing of, and eligible to practice law before, the bar of those courts. (5) That the attorney is not currently on suspension or disbarred from the practice of law before the bar of any court. (6) That the attorney is not a resident of the State of California. (7) That the attorney is not regularly employed in the State of California. (8) That the attorney is not regularly engaged in substantial business, professional, or other activities in the State of California. (9) That the attorney agrees to be subject to the jurisdiction of the courts of this state with respect to the law of this state governing the conduct of attorneys to the same extent as a member of the State Bar of California. (10) The title of the court and the cause in which the attorney has filed an application to appear as counsel pro hac vice in this state or filed a certificate pursuant to this section in the preceding two years, the date of each application or certificate, and whether or not it was granted. If the attorney has made repeated appearances, the certificate shall reflect the special circumstances that warrant the approval of the attorney’s appearance in the arbitration. (11) The name, address, and telephone number of the active member of the State Bar of California who is the attorney of record. (d) The arbitrator, arbitrators, or arbitral forum may approve the attorney’s appearance if the attorney has complied with subdivision (c). Failure to timely file and serve the certificate described in subdivision (c) shall be grounds for disapproval of the appearance and disqualification from serving as an attorney in the arbitration in which the certificate was filed. In the absence of special circumstances, repeated appearances shall be grounds for disapproval of the appearance and disqualification from serving as an attorney in the arbitration in which the certificate was filed. (e) Within a reasonable period of time after the arbitrator, arbitrators, or arbitral forum approves the certificate, the attorney shall file the certificate with the State Bar of California and serve the certificate as described in Section 1013a on all parties and counsel in the arbitration whose addresses are known to the attorney. (f) An attorney who fails to file or serve the certificate required by this section or files or serves a certificate containing false information or who otherwise fails to comply with the standards of professional conduct required of members of the State Bar of California shall be subject to the disciplinary jurisdiction of the State Bar with respect to that certificate or any of his or her acts occurring in the course of the arbitration. (g) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, an attorney who is a member in good standing of the bar of any state may represent the parties in connection with rendering legal services in this state in the course of and in connection with an arbitration pending in another state. (h) Notwithstanding any other law, including Section 6125 of the Business and Professions Code, any party to an arbitration arising under collective bargaining agreements in industries and provisions subject to either state or federal law may be represented in the course of, and in connection with, those proceedings by any person, regardless of whether that person is licensed to practice law in this state. (i) Nothing in this section shall apply to Division 4 (commencing with Section 3200) of the Labor Code. (j) (1) In enacting the amendments to this section made by Assembly Bill 2086 of the 1997–98 Regular Session, it is the intent of the Legislature to respond to the holding in Birbrower v. Superior Court (1998) 17 Cal.4th 119, to provide a procedure for nonresident attorneys who are not licensed in this state to appear in California arbitration proceedings. (2) In enacting subdivision (h), it is the intent of the Legislature to make clear that any party to an arbitration arising under a collective bargaining agreement governed by the laws of this state may be represented in the course of and in connection with those proceedings by any person regardless of whether that person is licensed to practice law in this state. (3) Except as otherwise specifically provided in this section, in enacting the amendments to this section made by Assembly Bill 2086 of the 1997–98 Regular Session, it is the Legislature’s intent that nothing in this section is intended to expand or restrict the ability of a party prior to the decision in Birbrower to elect to be represented by any person in a nonjudicial arbitration proceeding, to the extent those rights or abilities existed prior to that decision. To the extent that Birbrower is interpreted to expand or restrict that right or ability pursuant to the laws of this state, it is hereby abrogated except as specifically provided in this section. (4) In enacting subdivision (i), it is the intent of the Legislature to make clear that nothing in this section shall affect those provisions of law governing the right of injured workers to elect to be represented by any person, regardless of whether that person is licensed to practice law in this state, as set forth in Division 4 (commencing with Section 3200) of the Labor Code. (Amended by Stats. 2014, Ch. 71, Sec. 20. (SB 1304) Effective January 1, 2015.)

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