Prior to entry of judgment, any defendant may apply to the court for the withdrawal of all or any portion of the amount deposited. The application shall be verified, set forth the applicant's interest in the property, and request withdrawal of a stated amount. The applicant shall serve a copy of the application on the plaintiff.
§ 1255.210.Application to Court By Defendant
Title 7. Eminent Domain Law · Chapter 6. Deposit and Withdrawal of Probable Compensation; Possession Prior to Judgment · Article 2. Withdrawal of Deposit · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1255.210 lets any defendant apply, before judgment, to withdraw all or part of a deposit the plaintiff has made, through a verified application that states the defendant's interest in the property and the amount requested, served on the plaintiff.
Full Text of § 1255.210
Plain-English Summary
This section opens Article 2. Any defendant, before judgment is entered, can apply to withdraw all or part of a deposit the plaintiff made under Article 1. The application has to be verified, has to describe the applicant's interest in the property, and has to request a specific dollar amount. The applicant then serves a copy on the plaintiff.
Filing this application doesn't produce money right away. It sets Article 2's process in motion -- the plaintiff gets a chance to object under § 1255.230, the court may require an undertaking under § 1255.240 or § 1255.250, and the court ultimately orders payment under § 1255.220. Receiving the withdrawn money then triggers the waiver rule in § 1255.260.
Frequently Asked Questions
Who can apply to withdraw part of a deposit?
Any defendant, at any time before judgment is entered.
What has to be in the withdrawal application?
Verification, a statement of the applicant's interest in the property, and a request for a stated amount.
Does withdrawing money give up any of the defendant's rights?
Yes. Receiving withdrawn funds generally waives, under § 1255.260, every claim and defense except the claim for greater compensation.
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: withdraw eminent domain deposit californiadefendant application withdraw condemnation deposit