SECTIONS 1250.410-1250.430 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1250.410-1250.430

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.

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.

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.