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Code of Civil Procedure - CCP - CCP § 1255.440

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1255.450

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 Sectio

Code of Civil Procedure - CCP - CCP § 1255.460

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1255.470

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1255.480

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 1255.480

Nothing in this article limits the right of a public entity to exercise its police power in emergency situations.

Code of Civil Procedure - CCP - CCP § 1258.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1258.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 par

Code of Civil Procedure - CCP - CCP § 1258.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1258.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 an

Code of Civil Procedure - CCP - CCP § 1258.220

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 da

Code of Civil Procedure - CCP - CCP § 1258.230

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1258.240

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1258.250

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 pa

Code of Civil Procedure - CCP - CCP § 1258.260

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1258.270

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1258.280

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1258.290

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 da

Code of Civil Procedure - CCP - CCP § 1258.300

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1260.010

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.

Code of Civil Procedure - CCP - CCP § 1260.020

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1260.030

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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 wh

Code of Civil Procedure - CCP - CCP § 1260.040

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1260.110

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1260.120

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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

Code of Civil Procedure - CCP - CCP § 1260.210

statute | California | California Legislative Counsel

Code of Civil Procedure - CCP - CCP § 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.