Section § 1268.110

Explanation

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.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.110(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)CA Civil Procedure Code § 1268.110(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.

Section § 1268.120

Explanation

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.

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.

Section § 1268.130

Explanation

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.

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.

Section § 1268.140

Explanation

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.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.140(a)(1) A satisfaction of the judgment.
(2)CA Civil Procedure Code § 1268.140(a)(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)CA Civil Procedure Code § 1268.140(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)CA Civil Procedure Code § 1268.140(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)CA Civil Procedure Code § 1268.140(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.

Section § 1268.150

Explanation

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.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.150(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.

Section § 1268.160

Explanation

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.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1268.160(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)CA Civil Procedure Code § 1268.160(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)CA Civil Procedure Code § 1268.160(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.

Section § 1268.170

Explanation

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.

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.