Judge: Eddie C. Sturgeon, Case: 37-2023-00025164-CU-EI-CTL, Date: 2023-12-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - November 30, 2023

12/01/2023  09:00:00 AM  C-67 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Eddie C Sturgeon

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Civil - Unlimited  Eminent domain/Inverse condemnation Motion Hearing (Civil) 37-2023-00025164-CU-EI-CTL CITY OF SAN DIEGO VS HILLCREST VILLAGE SQUARE PARTNERSHIP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 09/01/2023

Plaintiff City of San Diego's Motion for an Order of Prejudgment Possession is GRANTED. The court finds that the City has met the requirements of Code of Civil Procedure section 1255.410(d)(2) and given the lack of evident hardship to Defendant Hillcrest Village Square Partnership, the City is entitled to the requested order. The court understands that Defendant contests the validity of the appraisal on the basis that it fails to identify the access easement as a property interest, but that issue goes to valuation which can be decided at trial or by other noticed motion.

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