§ 1268.610 Award of litigation expenses to defendant; dismissal and final judgment conditions; notice of abandonment

Codes > California Code of Civil Procedure > Part 3 > Title 7 > 1268.610

§ 1268.610. Award of litigation expenses to defendant; dismissal and final judgment conditions; notice of
abandonment

    (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.