2009 California Code of Civil Procedure - Section 1255.410-1255.480 :: Article 3. Possession Prior To Judgment

1255.410.  (a) At the time of filing the complaint or at any time
after filing the complaint and prior to entry of judgment, the
plaintiff may move the court for an order for possession under this
article, demonstrating that the plaintiff is entitled to take the
property by eminent domain and has deposited pursuant to Article 1
(commencing with Section 1255.010) an amount that satisfies the
requirements of that article.
   The motion shall describe the property of which the plaintiff is
seeking to take possession, which description may be by reference to
the complaint, and shall state the date after which the plaintiff is
seeking to take possession of the property. The motion shall include
a statement substantially in the following form: "You have the right
to oppose this motion for an order of possession of your property. If
you oppose this motion you must serve the plaintiff and file with
the court a written opposition to the motion within 30 days from the
date you were served with this motion." If the written opposition
asserts a hardship, it shall be supported by a declaration signed
under penalty of perjury stating facts supporting the hardship.
   (b) The plaintiff shall serve a copy of the motion on the record
owner of the property and on the occupants, if any. The plaintiff
shall set the court hearing on the motion not less than 60 days after
service of the notice of motion on the record owner of unoccupied
property. If the property is lawfully occupied by a person dwelling
thereon or by a farm or business operation, service of the notice of
motion shall be made not less than 90 days prior to the hearing on
the motion.
   (c) Not later than 30 days after service of the plaintiff's motion
seeking to take possession of the property, any defendant or
occupant of the property may oppose the motion in writing by serving
the plaintiff and filing with the court the opposition. If the
written opposition asserts a hardship, it shall be supported by a
declaration signed under penalty of perjury stating facts supporting
the hardship. The plaintiff shall serve and file any reply to the
opposition not less than 15 days before the hearing.
   (d) (1) If the motion is not opposed within 30 days of service on
each defendant and occupant of the property, the court shall make an
order for possession of the property if the court finds each of the
following:
   (A) The plaintiff is entitled to take the property by eminent
domain.
   (B) The plaintiff has deposited pursuant to Article 1 (commencing
with Section 1255.010) an amount that satisfies the requirements of
that article.
   (2) If the motion is opposed by a defendant or occupant within 30
days of service, the court may make an order for possession of the
property upon consideration of the relevant facts and any opposition,
and upon completion of a hearing on the motion, if the court finds
each of the following:
   (A) The plaintiff is entitled to take the property by eminent
domain.
   (B) The plaintiff has deposited pursuant to Article 1 (commencing
with Section 1255.010) an amount that satisfies the requirements of
that article.
   (C) There is an overriding need for the plaintiff to possess the
property prior to the issuance of final judgment in the case, and the
plaintiff will suffer a substantial hardship if the application for
possession is denied or limited.
   (D) The hardship that the plaintiff will suffer if possession is
denied or limited outweighs any hardship on the defendant or occupant
that would be caused by the granting of the order of possession.
   (e) (1) Notwithstanding the time limits for notice prescribed by
this section and Section 1255.450, a court may issue an order of
possession upon an ex parte application by a water, wastewater, gas,
electric, or telephone utility, as the court deems appropriate under
the circumstances of the case, if the court finds each of the
following:
   (A) An emergency exists and as a consequence the utility has an
urgent need for possession of the property. For purposes of this
section, an emergency is defined to include, but is not limited to, a
utility's urgent need to protect the public's health and safety or
the reliability of utility service.
   (B) An emergency order of possession will not displace or
unreasonably affect any person in actual and lawful possession of the
property to be taken or the larger parcel of which it is a part.
   (2) Not later than 30 days after service of the order authorizing
the plaintiff to take possession of the property, any defendant or
occupant of the property may move for relief from an emergency order
of possession that has been issued under this subdivision. The court
may modify, stay, or vacate the order upon consideration of the
relevant facts and any objections raised, and upon completion of a
hearing if requested.

1255.440.  If an order has been made under Section 1255.410
authorizing the plaintiff to take possession of property and the
court subsequently determines that the conditions specified in
Section 1255.410 for issuance of the order are not satisfied, the
court shall vacate the order.

1255.450.  (a) As used in this section, "record owner" means the
owner of the legal or equitable title to the fee or any lesser
interest in property as shown by recorded deeds or other recorded
instruments.
   (b) The plaintiff shall serve a copy of the order for possession
issued under Section 1255.410 on the record owner of the property and
on the occupants, if any. If the property is lawfully occupied by a
person dwelling thereon or by a farm or business operation, service
shall be made not less than 30 days prior to the time possession is
to be taken pursuant to the order. In all other cases, service shall
be made not less than 10 days prior to the time possession is to be
taken pursuant to the order. Service may be made with or following
service of summons.
   (c) At least 30 days prior to the time possession is taken
pursuant to an order for possession made pursuant to Section
1255.040, 1255.050, or 1255.460, the plaintiff shall serve a copy of
the order on the record owner of the property and on the occupants,
if any.
   (d) Service of the order shall be made by personal service except
that:
   (1) If the person on whom service is to be made has previously
appeared in the proceeding or been served with summons in the
proceeding, service of the order may be made by mail upon that person
and his or her attorney of record, if any.
   (2) If the person on whom service is to be made resides out of the
state, or has departed from the state or cannot with due diligence
be found within the state, service of the order may be made by
registered or certified mail addressed to that person at his or her
last known address.
   (e) When the record owner cannot be located, the court may, for
good cause shown on ex parte application, authorize the plaintiff to
take possession of unoccupied property without serving a copy of the
order for possession upon a record owner.
   (f) A single service upon or mailing to one of several persons
having a common business or residence address is sufficient.

1255.460.   An order for possession issued pursuant to Section
1255.410 shall:
   (a) Recite that it has been made under this section.
   (b) Describe the property to be acquired, which description may be
by reference to the complaint.
   (c) State the date after which plaintiff is authorized to take
possession of the property.

1255.470.  By taking possession pursuant to this chapter, 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.

1255.480.  Nothing in this article limits the right of a public
entity to exercise its police power in emergency situations.