Cal. Code Civ. Proc. § 1268.330

Current through the 2024 Legislative Session.
Section 1268.330 - Value of continued possession offset against interest; rents and other income received offset against interest

If, after the date that interest begins to accrue, the defendant:

(a) Continues in actual possession of the property, the value of that possession shall be offset against the interest. For the purpose of this section, the value of possession of the property shall be presumed to be the rate of interest calculated as prescribed by Section 1268.350 on the compensation awarded. This presumption is one affecting the burden of proof.
(b) Receives rents or other income from the property attributable to the period after interest begins to accrue, the net amount of these rents and other income shall be offset against the interest.

Ca. Civ. Proc. Code § 1268.330

Amended by Stats. 1986, Ch. 1372, Sec. 3.