2019 California Code
Code of Civil Procedure - CCP
PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
TITLE 7 - EMINENT DOMAIN LAW
CHAPTER 11 - Postjudgment Procedure
ARTICLE 1 - Payment of Judgment; Final Order of Condemnation
Section 1268.020.
(a) If the plaintiff fails to pay the full amount required by the judgment within the time specified in Section 1268.010, the defendant may:
(1) If the plaintiff is a public entity, enforce the judgment as provided in Division 3.6 (commencing with Section 810) of Title 1 of the Government Code.
(2) If the plaintiff is not a public entity, enforce the judgment as in a civil case.
(b) Upon noticed motion of the defendant, the court shall enter judgment dismissing the eminent domain proceeding if all of the following are established:
(1) The plaintiff failed to pay the full amount required by the judgment within the time specified in Section 1268.010.
(2) The defendant has filed in court and served upon the plaintiff, by registered or certified mail, a written notice of the plaintiff’s failure to pay the full amount required by the judgment within the time specified in Section 1268.010.
(3) The plaintiff has failed for 20 days after service of the notice under paragraph (2) to pay the full amount required by the judgment in the manner provided in subdivision (b) of Section 1268.010.
(c) The defendant may elect to exercise the remedy provided by subdivision (b) without attempting to use the remedy provided by subdivision (a).
(d) As used in this section, “public entity” does not include the Regents of the University of California.
(Amended by Stats. 1980, Ch. 215, Sec. 1.)
