Judge: Stephen P. Pfahler, Case: 18STCV05648, Date: 2024-02-27 Tentative Ruling

Case Number: 18STCV05648    Hearing Date: February 27, 2024    Dept: 68

Dept. 68

Date: 2-27-24

Case #18STCV05648

Trial Date: N/A

DEPOSIT WITHDRAWAL

MOVING PARTY: Defendants, Charles Amburgey, et al.

RESPONDING PARTIES: Unopposed/ Plaintiffs, City of Los Angeles, et al.

RELIEF REQUESTED

Motion to Withdraw Compensation Deposit

SUMMARY OF ACTION

On November 20, 2018, City of Los Angeles by and through its Board of Airport Commissioners of the Department of Airports (City) filed a complaint in eminent domain for property identified, at least in part, as 9790 Bellanca Ave. On July 14, 2023, the court entered final judgment in condemnation. On September 1, 2023, City filed an application for entry of final order or condemnation.

RULING: Granted.

Request for Judicial Notice: Granted.

Defendants, Charles and Sandra Amburgey, and Robert and Anna Hutting, move to withdraw compensation funds agreed upon by City for the benefit of their ownership interest in the property, as well as the tenant occupying the property, LRW Investment Company (LRW). The parties stipulated to a total payment of $2,700,000, with $825,000 for LRW and the remaining $1,875,000 to ownership. City filed a notice of deposit on December 4, 2018, whereby $2,322,000 was deposited with the State Treasury. On August 16, 2023, City filed a second notice of deposit of compensation per terms of the final judgment, whereby the City deposited $378,000, thereby increasing the total deposit to $2,700,000, the agreed upon compensation amount.

“(a) After entry of judgment, any defendant who has an interest in the property for which a deposit has been made may apply for and obtain a court order that he be paid from the deposit the amount to which he is entitled upon his filing either of the following:

(1) A satisfaction of the judgment.

(2) A receipt for the money which shall constitute a waiver by operation of law of all claims and defenses except a claim for greater compensation.

(b) If the award has not been apportioned at the time the application is made, the applicant shall give notice of the application to all the other defendants who have appeared in the proceeding and who have an interest in the property. If the award has been apportioned at the time the application is made, the applicant shall give such notice to the other defendants as the court may require.

(c) Upon objection to the withdrawal made by any party to the proceeding, the court, in its discretion, may require the applicant to file an undertaking in the same manner and upon the conditions prescribed in Section 1255.240 for withdrawal of a deposit prior to entry of judgment.

(d) If the judgment is reversed, vacated, or set aside, a defendant may withdraw a deposit only pursuant to Article 2 (commencing with Section 1255.210) of Chapter 6.”

Code Civ. Proc., § 1268.140

The court grants the unopposed motion to withdraw the funds, and finds no basis for requiring an undertaking. [Declaration of Christopher Peterson, Ex. 1: Stipulation to Withdraw.] (Medical Acquisition Co., Inc. v. Superior Court (2018) 19 Cal.App.5th 313, 326-327, 331.)

Defendants to give notice to all parties.