Subject to the power of the court to permit an amendment of the answer, if the defendant fails to object to the complaint, either by demurrer or answer, he is deemed to have waived the objection.
§ 1250.345.Waiver of Objection to Complaint
Title 7. Eminent Domain Law · Chapter 5. Commencement of Proceeding · Article 4. Pleadings · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1250.345 provides that a defendant who does not object to the complaint by demurrer or answer is deemed to have waived that objection, though the court retains power to permit a later amendment of the answer.
Full Text of § 1250.345
Plain-English Summary
This section sets a default consequence for silence. A defendant who has a problem with the complaint has to raise it — by demurrer or by answer — or lose the chance to raise it at all.
That waiver is not absolutely final, though. The court still has the power to permit the defendant to amend the answer later, which can open the door to raising an objection the defendant did not include the first time around.
Frequently Asked Questions
What happens if a defendant never objects to the complaint?
The objection is deemed waived, under § 1250.345.
Can a defendant still raise an objection after missing the initial deadline?
Only if the court permits an amendment of the answer, which this section expressly preserves the court's power to allow.
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: waiver of objection to complaint eminent domainamending answer condemnation case