State Codes and Statutes

Statutes > California > Ccp > 1268.210-1268.240

CODE OF CIVIL PROCEDURE
SECTION 1268.210-1268.240



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.



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.



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.



1268.240.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.


State Codes and Statutes

Statutes > California > Ccp > 1268.210-1268.240

CODE OF CIVIL PROCEDURE
SECTION 1268.210-1268.240



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.



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.



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.



1268.240.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 1268.210-1268.240

CODE OF CIVIL PROCEDURE
SECTION 1268.210-1268.240



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.



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.



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.



1268.240.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.