Judge: Jon R. Takasugi, Case: 24STCV18190, Date: 2025-01-06 Tentative Ruling

Case Number: 24STCV18190    Hearing Date: January 6, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Plaintiff’s motion for prejudgment possession is GRANTED.

            On 7/18/2024, Plaintiff Los Angeles Country Metropolitan Transportation Authority (Plaintiff) filed a complaint in eminent domain against 921 East 61^st Street, Inc., Tacos El Gabilan, LLC, and US Bank Trust Company, N.A.

On 9/5/2024, Plaintiff moved for an order of prejudgment possession.

The motion is unopposed.

Discussion

            In order to avail itself of CCP section 1255.410, Plaintiff’s motion:

… shall describe the property of which the plaintiff is seeking to take possession, which description may be by reference to the complaint, and shall state the date after which the plaintiff is seeking to take possession of the property. The motion shall include a statement substantially in the following form: “You have the right to oppose this motion for an order of possession of your property. If you oppose this motion you must serve the plaintiff and file with the court a written opposition to the motion within 30 days from the date you were served with this motion.” If the written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship.

            Then, pursuant to section 1255.410, subdivision (d)(1), if the motion is not opposed within 30 days of service on each defendant, then the Court shall make an order for possession of the property if the court finds each of the following:

(A) The plaintiff is entitled to take the property by eminent domain.

(B) The plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article

            Here, Plaintiff’s motion complies with all CCP section 1255.410 requirements.

Because no opposition was received within 30 days of service, Plaintiff’s motion will be granted if the Court finds that Plaintiff is entitled to take the property by eminent domain, and Plaintiff has deposited an amount that satisfies the requirements of Article 1. (CCP § 1255, subd. (d)(1).) 

I.                   Entitlement

CCP section 1240.030 provides:

The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established:

(a) The public interest and necessity require the project.

(b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

(c) The property sought to be acquired is necessary for the project.

In establishing whether a Plaintiff is entitled to take possession of a property by eminent domain,

It should be noted that the determination of the plaintiff's right to take the property by eminent domain is preliminary only. The granting of an order for possession does not prejudice the defendant's right to demur to the complaint or to contest the taking. Conversely, the denial of an order for possession does not require a dismissal of the proceeding and does not prejudice the plaintiff's right to fully litigate the issue if raised by the defendant.

            (Legislative Committee Comments to CCP §1255.410.)

Here, on 6/27/2024, after a noticed hearing, and by a vote of not less than two-thirds of its members, LACMTA adopted a resolution of necessity (Resolution), which sets forth all of the required findings in order to adopt a resolution of necessity. (Ex. 2 to RJN.) Because Plaintiff has made the requisite findings prior to adopting the Resolution, there is a conclusive presumption that LACMTA has the right to acquire the Property through eminent domain. (See CCP §§ 1240.030, 1245.250.)

II.               Deposit

Here, Plaintiff submitted a notice of deposit on 8/28/2024 establishing that it had deposited a total of $18,100.00 with the Treasurer of the State of California. (See 8/28/2024 Notice of Deposit). Plaintiff submitted a declaration from appraiser Michael Lahodny providing a basis for the estimated value of the property sought to be condemned. (See Notice of Deposit, Exh. B.)

Plaintiff has met the requirements imposed by CCP section 1255.410, subdivision (d)(1). Namely, Plaintiff has submitted evidence establishing it is entitled to take the property by eminent domain, and that it has deposited required compensation.

Based on the foregoing, Plaintiff’s motion for prejudgment possession is granted.

It is so ordered.

Dated:  January    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.