Code Civ. Proc., § 1268.210 · Article 3. Possession After Judgment
Code Civ. Proc., § 1268.210
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the plaintiff is not in possession of the property to be taken, the plaintiff may, at any time after entry of judgment, apply ex parte to the court for an order for possession, and the court shall authorize the plaintiff to take possession of the property pending conclusion of the litigation if:
(1) The judgment determines that the plaintiff is entitled to take the property; and
(2) The plaintiff has paid to or deposited for the defendants, pursuant to Article 1 (commencing with Section 1255.010) of Chapter 6 or Article 2 (commencing with Section 1268.110), an amount not less than the amount of the award, together with the interest then due thereon.
(b) The court’s order shall state the date after which the plaintiff is authorized to take possession of the property. Where deposit is made, the order shall state such fact and the date and the amount of the deposit.
(c) Where the judgment is reversed, vacated, or set aside, the plaintiff may obtain possession of the property only pursuant to Article 3 (commencing with Section 1255.410) of Chapter 6.
Notes and commentary — not statutory text
History
Added by Stats. 1975, Ch. 1275.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=1268.210.
- Text hash
- sha256 5a9070474621cec05c0b36fa1cf4737f1d268cc2caec6a6fbbc916bfff64c55d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Code of Civil Procedure
- Code Civ. Proc., pt. 3, tit. 7, ch. 6, art. 1Deposit of Probable CompensationPrinted as Article 1 (commencing with Section 1255.010) of Chapter 6
- Code Civ. Proc., pt. 3, tit. 7, ch. 6, art. 3Possession Prior to JudgmentPrinted as Article 3 (commencing with Section 1255.410) of Chapter 6
- Code Civ. Proc., pt. 3, tit. 7, ch. 11, art. 2Deposit and Withdrawal of AwardPrinted as Article 2 (commencing with Section 1268.110)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.