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

Fee Exempt Per Gov. Code § 6103

 

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

Facsimile: (714) 835-7787

 

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

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:                        

HON. YOLANDA OROZCO