§ 1268.140. — 1268.140. (Added by Stats. 1975, Ch. 1275.)

California § 1268.140.

• Jurisdiction: California
• Code CCP: Code of Civil Procedure - CCP
• Title: 7.
• Part 3.: TITLE 7. EMINENT DOMAIN LAW
• Ch. 11.: CHAPTER 11. Postjudgment Procedure
• Art. 2.: ARTICLE 2. Deposit and Withdrawal of Award

Text

(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.

Legislative History

Added by Stats. 1975, Ch. 1275.