SECTIONS 1268.610-1268.620 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1268.610-1268.620

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.

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.