Judge: Stephanie M. Bowick, Case: 22STCV03420, Date: 2024-11-25 Tentative Ruling
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Case Number: 22STCV03420 Hearing Date: November 25, 2024 Dept: 19
WOODRUFF & SMART, APC
CRAIG G. FARRINGTON - State Bar No. 125274
cfarrington@woodruff.law
ALYSON C. SUH - State Bar No. 225083
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asuh@woodruff.law
MICHAEL L. D'ANGELO - State Bar No. 186882
mdangelo@woodruff.law
555 Anton Boulevard, Suite 1200
Costa Mesa, CA 92626-7670
Telephone: (714) 558-7000
Attorneys for Plaintiff SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS, a public entity
SUPERIOR
COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF Los Angeles, Central District
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SAN
GABRIEL VALLEY COUNCIL OF GOVERNMENTS, a public entity, , v. AYRES
– DIAMOND BAR, L.P., a Delaware limited partnership; DOES 1 through 100,
inclusive; and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY, s. |
CASE
NO.: 22STCV03420 ASSIGNED
FOR ALL PURPOSES TO THE HON. STEPHANIE M. BOWICK DEPARTMENT: 19 [PROPOSED]
FINAL ORDER OF CONDEMNATION
[Assessor
Parcel No. 8717-001-085] HEARING
DATES PENDING: None DATE
ACTION FILED: January 27, 2022 TRIAL
DATE: None |
Final Judgment in Condemnation having been entered in
the above-entitled action on June 25, 2024, and it appearing to the Court's
satisfaction that plaintiff San Gabriel
Valley Council of Governments, a public entity ("SGVCOG") has
satisfied all conditions precedent to entry of a Final Order of Condemnation.
It further appearing to the Court's satisfaction that,
pursuant to the Court's June 28, 2022 Order for Prejudgment Possession, SGVCOG
was authorized to take possession of the real property interests described in
SGVCOG's Complaint in Eminent Domain.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED AS FOLLOWS:
Entry of this Final Order of Condemnation, and
condemnation of the property interests described herein, is authorized by the
Final Judgment in Eminent Domain entered in this matter on June 25, 2024 ("Final
Judgment").
The interests in real property described and identified
in the Final Judgment and SGVCOG's
Complaint in Eminent Domain filed herein on January 27, 2022, and as more
particularly described and depicted in Exhibits "1" through "6"
(the "Property Interests") attached hereto and by reference
incorporated herein, are hereby condemned to SGVCOG for public use by SGVCOG to
facilitate the State Route 57/60 Confluence Chokepoint Relief Project, a
transportation improvement project serving the public interest and intended to
improve mobility, operation, and safety of highway users at the 57/60
Confluence. The Property Interests
consist of one partial fee acquisition (Parcel No. 81465-1), three temporary
construction and grading easements (Parcel Nos. 81465-2, 81465-4, and 81465-5),
one retaining wall easement (Parcel No. 81465-3), and one sewer easement
(Parcel No. 81465-6) in Assessor Parcel Number 8717-001-085.
A certified copy of this Final Order of Condemnation
shall be recorded in the Office of the County Recorder of the County of Los
Angeles, State of California, and thereupon the interests in and to the
Property Interests described and depicted in Exhibits "1" though
"6" shall vest in SGVCOG. Any liens, release holds and encumbrances of
whatever kind and nature on the Property Interests being condemned are hereby
cancelled, extinguished, and terminated. All taxes and tax liens, liens of the County
of Los Angeles for general and special taxes, penalties and costs, if any, as
to the Property Interests being condemned herein, shall be terminated,
cancelled, and extinguished as of August 3, 2022, the effective date of
possession herein.
DATED:
By: