PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE 1063-1822.60›TITLE 7. EMINENT DOMAIN LAW 1230.010-1273.050›CHAPTER 8. Procedures for Determining Right to Take and Compensation 1260.010-1260.250›ARTICLE 1. General Provisions 1260.010-1260.040
§ 1260.040
California Code of Civil Procedure · 2020-11 edition · updated 2026-10-04 · California
(a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issue of compensation. The motion shall be heard by the judge assigned for trial of the case.
(b) Notwithstanding any other statute or rule of court governing the date of final offers and demands of the parties and the date of trial of an eminent domain proceeding, the court may postpone those dates for a period sufficient to enable the parties to engage in further proceedings before trial in response to its ruling on the motion.
(c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation.
(Added by Stats. 2001, Ch. 428, Sec. 9. Effective January 1, 2002.)
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