Postjudgment ProcedureDeposit and Withdrawal of Award
Section § 1268.110
This law explains how a plaintiff can deposit the full amount of a court judgment, plus any interest owed, with the court for the defendants to claim. This is possible even if there are legal actions like appeals or motions for a new trial, as long as the judgment hasn't been reversed or canceled. If the judgment is later overturned, any money deposited is treated as if it was deposited under another set of rules regarding payments during legal proceedings.
Section § 1268.120
This law requires that when a plaintiff deposits money under the rules of eminent domain, they must notify all involved parties about the deposit. Before the award is divided, the notice goes to all who appeared in the case, and after division, it goes to those entitled to the money. The notice must include the amount, date, and acknowledge the deposit, following the same delivery rules as an order for possession.
Section § 1268.130
This law says that after a plaintiff has made an initial deposit, a defendant can ask the court to require the plaintiff to deposit more money if needed to cover any extra costs, compensation, or interest that might come up later. The court can change the additional deposit amount if necessary. A defendant can only take money out if it's decided they have a right to it in the case.
Section § 1268.140
Once a court makes a final decision (judgment) about a property case where a deposit is involved, a person with an interest in that property can request the court to pay them their share from the deposit. They need to provide either proof they’ve received the judgment payment or a signed receipt, which means they’re giving up other claims except if they believe they deserve more money. If the judgment hasn’t yet divided the money among interested parties, the person requesting payment must notify all others involved who might also have a stake. If the money has been divvied up, the court decides who must be notified. If someone objects to this payment request, the court may demand extra assurances, similar to other pre-judgment withdrawals. If the judgment gets overturned, a person can only access the deposit under specific rules laid out in another law section.
Section § 1268.150
This law section explains what happens when money is put into court during legal proceedings. Generally, the court directs the money to be held in the State Treasury, but it can be placed in a county treasury if the plaintiff requests it. This money is considered to be at the plaintiff's risk until the court orders it to be given to the defendant. If there is a disagreement among defendants about withdrawing the money before it is officially divided, the court will invest it in safe government-backed accounts, and the interest earned will be shared based on each defendant’s share of the final award.
Section § 1268.160
This law deals with what happens if someone takes out more money than they're entitled to in an eminent domain case. If that happens, they need to pay back the excess to the right people, and the court will issue a judgment to formalize this. The rule says that interest is not added to the overpaid amount unless it’s going to someone who didn’t withdraw it first. If the repayment isn't made within 30 days after the court's order, the court can issue a judgment against any guarantors for the unpaid amount. Additionally, the court has the power to delay the repayment, under certain conditions, for up to one year.
Section § 1268.170
If you make a deposit as part of a legal process, you're still allowed to appeal the decision, decide to walk away from the process, or ask for a new trial. Paying the deposit doesn't mean you give up these rights.