reglab/statecodes huggingface dataset:
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 10 - Divided Interests › ARTICLE 4 - Future Interests › Section 1265.420.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 1 - Payment of Judgment; Final Order of Condemnation › Section 1268.010.

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 Any amount which the defendant has previously withdrawn pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6 shall be credited as a payment to him on the judgment.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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 1 - Payment of Judgment; Final Order of Condemnation › Section 1268.020.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 1 - Payment of Judgment; Final Order of Condemnation › Section 1268.030.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.110.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.120.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.130.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.140.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.150.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.160.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 2 - Deposit and Withdrawal of Award › Section 1268.170.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 3 - Possession After Judgment › Section 1268.210.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 3 - Possession After Judgment › Section 1268.220.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 3 - Possession After Judgment › Section 1268.230.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 3 - Possession After Judgment › Section 1268.240.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.310.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.311.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.320.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.330.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.340.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.350.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 4 - Interest › Section 1268.360.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 5 - Proration of Property Taxes › Section 1268.410.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 5 - Proration of Property Taxes › Section 1268.420.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 5 - Proration of Property Taxes › Section 1268.430.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 5 - Proration of Property Taxes › Section 1268.440.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 5 - Proration of Property Taxes › Section 1268.450.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 6 - Abandonment › Section 1268.510.

1268.510. (a) At any time after the filing of the complaint and before the expiration of 30 days after final judgment, the plaintiff may wholly or partially abandon the proceeding by serving on the defendant and filing in court a written notice of such abandonment.
(b) The court may, upon motion made within 30 days after the filing of such notice, set the abandonment aside if it determines that the position of the moving party has been substantially changed to his detriment in justifiable reliance upon the proceeding and such party cannot be restored to substantially the same position as if the proceeding had not been commenced.
(c) Upon denial of a motion to set aside such abandonment or, if no such motion is filed, upon the expiration of the time for filing such a motion, the court shall, on motion of any party, enter judgment wholly or partially dismissing the proceeding.
(Added by Stats. 1975, Ch. 1275.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 7 - Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take › Section 1268.610.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 7 - Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take › Section 1268.620.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 8 - Costs › Section 1268.710.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 11 - Postjudgment Procedure › ARTICLE 8 - Costs › Section 1268.720.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 12 - Arbitration of Compensation in Acquisitions of Property for Public Use › Section 1273.010.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 12 - Arbitration of Compensation in Acquisitions of Property for Public Use › Section 1273.020.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 12 - Arbitration of Compensation in Acquisitions of Property for Public Use › Section 1273.030.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 12 - Arbitration of Compensation in Acquisitions of Property for Public Use › Section 1273.040.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 7 - EMINENT DOMAIN LAW › CHAPTER 12 - Arbitration of Compensation in Acquisitions of Property for Public Use › Section 1273.050.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 8 - CHANGE OF NAMES › Section 1277.5.

1277.5. (a) (1) If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, 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 make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.
(2) If a petition is filed to change the name of a minor to conform to gender identity that does not include the signatures of both living parents, the petition and the order to show cause made in accordance with paragraph (1) shall be served on the parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.
(b) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.
(c) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under 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.
(Amended by Stats. 2018, Ch. 776, Sec. 11. (AB 3250) Effective January 1, 2019.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 8 - CHANGE OF NAMES › Section 1278.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 8 - CHANGE OF NAMES › Section 1278.5.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 8 - CHANGE OF NAMES › Section 1279.5.

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.)
2023 California Code › Code of Civil Procedure - CCP › PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE › TITLE 8 - CHANGE OF NAMES › Section 1279.6.

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.)