If the deposit is made under Section 1268.110 prior to apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties who have appeared in the proceeding. If the deposit is made after apportionment of the award, the plaintiff shall serve a notice that the deposit has been made on all of the parties to the proceeding determined by the order apportioning the award to have an interest in the money deposited. The notice of deposit shall state that a deposit has been made and the date and the amount of the deposit. Service of the notice shall be made in the manner provided in Section 1268.220 for the service of an order for possession. Service of an order for possession under Section 1268.220 is sufficient compliance with this section.
§ 1268.120.Notice of Deposit
Title 7. Eminent Domain Law · Chapter 11. Postjudgment Procedure · Article 2. Deposit and Withdrawal of Award · Enacted 1975 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1268.120 requires the agency to notify the parties -- everyone who appeared if the award hasn't been apportioned, or only those found to hold an interest if it has -- that a deposit was made under § 1268.110, stating the date and amount, and lets service of a possession order substitute for this notice.
Full Text of § 1268.120
Plain-English Summary
A deposit doesn't do anyone any good if the people entitled to the money don't know it's there. This section makes notice mandatory and ties the list of recipients to whether the award has already been divided up among competing claimants.
If the deposit happens before the award is apportioned, the agency serves notice on everyone who has appeared in the case. If it happens after apportionment, the agency only has to notify the parties the apportionment order identified as holding an interest in the deposited money -- the group narrows once the court has sorted out who gets what.
The notice itself is simple: it states that a deposit was made, along with the date and the amount. It gets served the same way a possession order is served under § 1268.220, and if the agency already served a possession order, that service counts as compliance with this section too, sparing the agency a duplicate mailing.
Frequently Asked Questions
Who must be notified when a deposit is made under § 1268.110?
If the award hasn't been apportioned yet, everyone who has appeared in the proceeding; if it has been apportioned, only those parties the apportionment order found to hold an interest in the deposited money.
What must the notice of deposit say?
That a deposit has been made, and the date and the amount of the deposit.
Can service of a possession order satisfy this notice requirement?
Yes. Service of an order for possession under § 1268.220 is sufficient compliance with this section.
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: notice of deposit eminent domain californiadeposit of award notification requirements