SECTIONS 1250.310-1250.345 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1250.310-1250.345

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.

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) Where 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 such compensation.

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.

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.

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.

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.