Judge: Malcolm Mackey, Case: 20STCV08421, Date: 2023-09-13 Tentative Ruling

Case Number: 20STCV08421    Hearing Date: September 13, 2023    Dept: 55

SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS v. REEVES    20STCV08421

Hearing Date:  9/13/23,  Dept. 55

#12:  MOTION FOR AMENDED ORDER FOR PREJUDGMENT POSSESSION.

Notice:  Okay

No Opposition

MP:  Plaintiff

RP:  

Summary

On 2/28/20, Plaintiff SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS filed an Eminent Domain Complaint.

On 5/3/23, Plaintiff filed a First Amended Complaint, alleging that the public interest, convenience and necessity require the acquisition of the property described, for the Turnbull Canyon Road Grade Separation Project in the City of Industry, as part of the Alameda Corridor-East Construction Project, intended to partially mitigate the impacts of increased traffic, which includes railroad crossing safety and efficiency improvements .

MP Positions

Moving party requests an amended order for prejudgment possession, on grounds including the following:

·         The Court entered an Order for Prejudgment Possession on July 1, 2020.

·         Plaintiff seeks an amended order, authorizing it to take possession of an additional property interest not included in the original order thirty, days after service of an amended order for possession.  Code of Civil Procedure section 1255.410.

·         The subject property is utilized as a pallet storage yard. To obtain funding, Plaintiff must be able to demonstrate a path to physical possession or occupancy and use of all necessary rights of way.

·         Delay would cause the agency to lose eligibility for the $29 million committed by the California Transportation Commission for funding of this Project, jeopardizing the Project's funding and compromising Plaintiff’s ability to deliver essential public safety improvements.

Tentative Ruling

The unopposed motion is granted, as prayed.   CCP  § 1255.410.