(a) If there is a dispute between plaintiff and defendant over an evidentiary or other legal issue affecting the determination of compensation, either party may move the court for a ruling on the issue. The motion shall be made not later than 60 days before commencement of trial on the issue of compensation. The motion shall be heard by the judge assigned for trial of the case.
§ 1260.040.Motion For Ruling On Issue of Compensation
Title 7. Eminent Domain Law · Chapter 8. Procedures for Determining Right to Take and Compensation · Article 1. General Provisions · Enacted 2001 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1260.040 lets either party move, no later than 60 days before the compensation trial, for the trial judge to rule on a disputed evidentiary or legal issue affecting compensation, and lets the court postpone offer, demand, and trial dates as needed to accommodate that ruling.
Full Text of § 1260.040
(b) Notwithstanding any other statute or rule of court governing the date of final offers and demands of the parties and the date of trial of an eminent domain proceeding, the court may postpone those dates for a period sufficient to enable the parties to engage in further proceedings before trial in response to its ruling on the motion.
(c) This section supplements, and does not replace any other pretrial or trial procedure otherwise available to resolve an evidentiary or other legal issue affecting the determination of compensation.
Plain-English Summary
Compensation trials often turn on a disputed legal or evidentiary question decided before the parties ever get to the merits -- what valuation method applies, what evidence comes in, or how a particular compensation rule should be read. This section gives either side a dedicated motion to get that question resolved early, by the judge who will try the case.
The motion must be made no later than 60 days before the trial on compensation begins, and it goes to the judge assigned to try the case rather than a general law-and-motion calendar. Because resolving the issue can affect how the parties prepare their offers, demands, and valuation evidence, subdivision (b) lets the court postpone the usual deadlines for final settlement offers and demands, and even the trial date itself, for as long as needed to let the parties respond to the ruling.
This motion doesn't replace anything else available under ordinary pretrial or trial practice -- subdivision (c) makes clear it's an additional tool, not a substitute for whatever other procedures already exist to resolve evidentiary or legal disputes affecting compensation.
Frequently Asked Questions
What kind of disputes does this motion resolve?
An evidentiary or other legal issue affecting the determination of compensation, where plaintiff and defendant disagree.
What's the deadline for filing this motion?
No later than 60 days before commencement of the trial on the issue of compensation.
Who hears this motion?
The judge assigned for trial of the case, not a general law-and-motion judge.
Can the court move the trial date to accommodate this motion?
Yes. Section 1260.040(b) lets the court postpone the dates for final offers and demands and the trial date itself, for a period sufficient to let the parties respond to the ruling.
Does this motion replace other pretrial procedures?
No. Section 1260.040(c) says it supplements, rather than replaces, any other pretrial or trial procedure otherwise available.
Amendment History
Added by Stats 2001 ch 428 (AB 237), s 9, eff. 1/1/2002.
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: motion for ruling on compensation issue californiapretrial evidentiary motion eminent domain