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Code of Civil Procedure - CCP - CCP § 1250.340

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1250.345

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1250.350

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 obj

Code of Civil Procedure - CCP - CCP § 1250.360

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1250.370

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1250.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 fo

Code of Civil Procedure - CCP - CCP § 1250.420

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 (commencin

Code of Civil Procedure - CCP - CCP § 1250.430

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pr

Code of Civil Procedure - CCP - CCP § 1255.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 requiremen

Code of Civil Procedure - CCP - CCP § 1255.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 t

Code of Civil Procedure - CCP - CCP § 1255.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 m

Code of Civil Procedure - CCP - CCP § 1255.050

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.060

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 statem

Code of Civil Procedure - CCP - CCP § 1255.070

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.075

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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)

Code of Civil Procedure - CCP - CCP § 1255.080

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1255.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1255.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1255.280

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 enter

Code of Civil Procedure - CCP - CCP § 1255.410

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 a