What is the right of a property owner to withhold the proceeds of an interlocutory judgment?

California, United States of America


The following excerpt is from People v. Cheda, 154 Cal.App.2d 531, 317 P.2d 145 (Cal. App. 1957):

The right so to withhold may be asserted after interlocutory judgment fixing the amount of the award. City of Los Angeles v. Superior Court, 2 Cal.2d 138, 39 P.2d 401. As pointed out in that opinion (2 Cal.2d at page 140, 39 P.2d at page 401), 'The purpose of the statute is obviously to prevent a situation wherein the condemner will pay the full value of the land, and thereafter will be forced to pay again to holders of liens on the land, when the liens become due.'

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