Article 7 - Litigation Expenses and Damages Upon Dismissal or Defeat of Right to Take

Sections (2)

Amended by Stats. 2001, Ch. 192, Sec. 1. Effective January 1, 2002.

(a)Subject to subdivisions (b) and (c), the court shall award the defendant his or her litigation expenses whenever:

(1)The proceeding is wholly or partly dismissed for any reason.

(2)Final judgment in the proceeding is that the plaintiff cannot acquire property it sought to acquire in the proceeding.

(b)Where there is a partial dismissal

or a final judgment that the plaintiff cannot acquire a portion of the property originally sought to be acquired, or a dismissal of one or more plaintiffs pursuant to Section 1260.020, the court shall award the defendant only those litigation expenses, or portion thereof, that would not have been incurred had the property sought to be acquired following the dismissal or judgment been the property originally sought to be acquired.

(c)If the plaintiff files a notice of abandonment as to a particular defendant, or a request for dismissal of a particular defendant, and the court determines that the defendant did not own or have any interest in the property that the plaintiff sought to acquire in the proceeding, the court shall award that defendant only those litigation expenses incurred up to the time of filing the notice of abandonment or request for dismissal.

(d)Litigation

expenses under this section shall be claimed in and by a cost bill to be prepared, served, filed, and taxed as in a civil action. If the proceeding is dismissed upon motion of the plaintiff, the cost bill shall be filed within 30 days after notice of entry of judgment.

§ 1268.620

Added by Stats. 1975, Ch. 1275.

If, after the defendant moves from property in compliance with an order or agreement for possession or in reasonable contemplation of its taking by the plaintiff, the proceeding is dismissed with regard to that property for any reason or there is a final judgment that the plaintiff cannot acquire that property, the court shall:

(a)Order the plaintiff to deliver possession of the property to the persons entitled to it; and

(b)Make such provision as shall be just for the payment of all damages proximately caused by the proceeding and its

dismissal as to that property.