"Final judgment" means a judgment with respect to which all possibility of direct attack by way of appeal, motion for a new trial, or motion under Section 663 to vacate the judgment has been exhausted.
§ 1235.120.Final Judgment
Title 7. Eminent Domain Law · Chapter 2. Principles of Construction; Definitions · Article 2. Words and Phrases Defined · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1235.120 defines "final judgment" as a judgment for which every avenue of direct attack has been exhausted, including appeal, a motion for new trial, and a motion under § 663 to vacate the judgment.
Full Text of § 1235.120
Plain-English Summary
Several provisions elsewhere in this title turn on whether a judgment has become final, and this section pins down exactly what that means. A judgment is "final" for purposes of the Eminent Domain Law once every possibility of direct attack against it has been exhausted.
The definition names three specific avenues that must be closed off: an appeal, a motion for a new trial, and a motion under Code of Civil Procedure § 663 to vacate the judgment and enter a different one. Until all three routes have run their course -- whether because the time to pursue them expired or because they were pursued and resolved -- the judgment isn't yet "final" as this title uses that word.
Frequently Asked Questions
What makes a judgment "final" under the Eminent Domain Law?
Exhaustion of every possibility of direct attack: appeal, a motion for new trial, and a motion under § 663 to vacate the judgment.
Does a judgment become final the moment it's entered?
No. It becomes final only once the avenues for directly attacking it -- appeal, new-trial motion, and § 663 motion -- are no longer available.
Amendment History
Added by Stats. 1975, Ch. 1275.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: final judgment definition eminent domain california