SECTIONS 1268.110-1268.170 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1268.110-1268.170

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.

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.

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.

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.

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.

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.

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.