On May 25, 2016 a
Tentative Ruling
was filed
involving a dispute between
The People Of The State Of California,
and
Farm Credit West, Pca,
Golden State Farm Credit, Successor By Merger To Federal Land Bank Association Of Kingsburg, Flca,
Leonardo Bros. Dairy, A General Partnership,
Leonardo, Joao,
Leonardo, John,
Leonardo, Lourdes,
Leonardo, Manuel,
Leonardo, Mary,
Leonardo, Merce'S,
Martinez, Alfonso,
Martinez, Anthony,
Martinez, Ernest,
Martinez, Ralph,
Martinez, Rose,
Singh, David,
The Heirs Or Devisees Of Patricia Williamson, Deceased, And All Persons Claiming By, Through Or Under Said Decedent,
Williamson, Patricia,
for 14 Unlimited - Eminent Domain/Inverse Condemnation
in the District Court of Fresno County.
Preview
SUPERIOR COURT OF C FORNIA - COUNTY OF FRESNO ” *otered by:
Civil Depe ¢nt - Non-Limited
FITLE OF CASE:
The People of the State of California, acting by and through the State
Public Works Board vs.Leonardo Bros. Dairy, a General Partnership
Case Number
LAW AND MOTION MINUTE ORDER 16CECG01686
Hearing Date: January 10, 2017 Hearing Type: Writ of Possession
Department: 402 Judge/Temp. Judge: Hamilton, Jeffrey Y.
Court Clerk: Santana, Maria Reporter/Tape: Not Reported
[Appearing Parties:
Plaintiff: Not Present Defendant: Not Present
Counsel: Counsel:
[ ] Off Calendar
[ ] Continued
to [ ] Set for at Dept. for
[ ] Submitted on points and authorities with/without argument. 1 ] Matter is argued and submitted
[ ] Upon filing of points and authorities.
[ ] Motion is granted [ ] in part and denied in part. [ ] Motion is denied [ J with/without prejudice.
[ ] Taken under advisement
[ ] Demurrer [ J overruled [ ] sustained with days to [ ] answer [ ] amend
[ X] Tentative ruling becomes the order of the court. No further order is necessary.
[ X] Pursuant to CRC 391(a) and CCP section 1019.5(a), no further order is necessary. The minute order adopting the
tentative ruling serves as the order of the court.
|
[ X] Service by the clerk will constitute notice of the order. .
'
[X ] See attached copy of the Tentative Ruling.
[ ] Judgment debtor sworn and examined.
[ ] Judgment debtor failed to appear.
Bench warrant issued in the amount of $
JUDGMENT:
[ ] Money damages [ ] Default [ ] Other entered in the amount of.
Principal $__ Interest $__ Costs $__ “Attorney fees $__ Total $__
[ ] Claim of exemption [ ] granted [ ] denied. Court orders withholdings modifiedto $__ per 1
:
FURTHER, COURT ORDERS:
{ ] Monies held by levying officerto be [ ] released to judgment creditor. [ ] returned to judgment debtor.
(18. to be released to judgment creditor and balance returned to judgment debtor.
[ ] Levying Officer, County of. notified. [ ] Writ to issue
[ ] Notice to be filed within 15 days. [ ] Restitution of Premises
[ ] Other:
CV-14b E04-16
Bena LAW AND MOTION MINUTE ORDER
03
entative Rulin:
Re: State of California v. Leonardo Bros. Dairy
Case No. 16 CE CG 01686
Hearing Date January 10, 2017 (Dept. 402)
Motion Plaintiff's Motion for Order of Possession
Tentative Ruling:
To grant plaintiff's motion for an order of possession of the subject property.
(Code Civ. Proc. § 1255.410.)
Explanation:
The plaintiff has established all of the required elemenis to allow it to obtain an
order for prejudgment possession of the parcels under Code of Civil Procedure section
1255,410. Plaintiff is a public entity with the right to take property by eminent domain. It
obtained a resolution of necessity from the State Public Works Board on April 14!", 2016,
thus establishing that the project is necessary, that is it planned and located in a
manner that is most compatible with the public good and least private injury, and that
the property to be acquired is necessary for the project. The plaintiff has also deposited
the probable amount of compensation, $660,500.00, with the State Treasurer.
In addition, plaintiff has shown that there is an overriding need for it to possess
the property in order io complete the High Speed Rail project. The plaintiff will also
suffer substantial harm if the project is delayed, since it will incur delay costs if the
project does not go forward, as well as risking the loss of federal funding for the project.
Therefore, plaintiff has met its burden of showing the basic elements of its claim for an
order of prejudgment possession. i
1
Also, defendants were served with notice of the motion by mail on September
22nd, 2016, which is more than 90 days. before the hearing on the motion. Defendanis
have failed to file written opposition within 30 days of being served, ‘and thus
defendants have failed to show that they will suffer any undue harm if the taking is
granted. Therefore, there is no need to analyze whether the plaintiff's need to take
possession of the property outweighs the defendants’ interest in keeping the property.
Instead, the court intends to find that the plaintiff has met its burden of showing that the
taking is necessary and in the best interests of the public, and that the public benefit
outweighs any possible harm to the private property owners. As a result,:the court
intends to grant the motion for possession of the property within 30 days of the effective
date of the order. ‘
Pursuant to CRC 3.1312 and CCP §1019.5{a}, no further written order is necessary.
The minute order adopting this tentative ruling will serve as the order of the (court and
service by the clerk will constitute notice of the order.
wo
Tentative Ruling
Issued By: JYH on_01/09/17
(Judge's initials) (Date)
SUPERIOR COURT OF CALIFORNIA- COUNTY OF FRESNO FOR COURT USE ONLY
Civil Department, Central Division
1130 "O" Street
Fresno, California 93724-0002
(559) 457-2000
TITLE OF CASE:
The People of the State of California, acting by and through the State
Public Works Board vs.Leonardo Bros. Dairy, a General Partnership
CASE NUMBER:
CLERK'S CERTIFICATE OF MAILING 16CECG01686
| certify that | am not a party to this cause and that a true copy of the:
01/10/2017 Minute Order and copy of Tentative Ruling
was placed in a sealed envelope and placed for collection and mailing on the date and at the place shown below
following our ordinary business practice. | am readily familiar with this court's practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited
in
the ordinary course of business with the United States Postal Service with postage fully prepaid.
S
Place of mailing: Fresno, California 93724-0002
On Date: 01/10/2017 Clerk, by nu , Deputy
Santana
Yuan Chang
Deputy Attorney
100 South Main Street, Suite 1300
Los Angeles, CA 90012
0 Clerk's Certificate of Mailing Additional Address Page Attached
TGN-06b RO8-06 CLERK'S CERTIFICATE OF MAILING
Document Filed Date
January 10, 2017
Case Filing Date
May 25, 2016
Category
14 Unlimited - Eminent Domain/Inverse Condemnation
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
SUPERIOR COURT OF C FORNIA - COUNTY OF FRESNO ” *otered by: Civil Depe ¢nt - Non-Limited FITLE OF CASE: The People of the State of California, acting by and through the State Public Works Board vs.Leonardo Bros. Dairy, a General Partnership Case Number LAW AND MOTION MINUTE ORDER 16CECG01686 Hearing Date: January 10, 2017 Hearing Type: Writ of Possession Department: 402 Judge/Temp. Judge: Hamilton, Jeffrey Y. Court Clerk: Santana, Maria Reporter/Tape: Not Reported [Appearing Parties: Plaintiff: Not Present Defendant: Not Present Counsel: Counsel: [ ] Off Calendar [ ] Continued to [ ] Set for at Dept. for [ ] Submitted on points and authorities with/without argument. 1 ] Matter is argued and submitted [ ] Upon filing of points and authorities. [ ] Motion is granted [ ] in part and denied in part. [ ] Motion is denied [ J with/without prejudice. [ ] Taken under advisement [ ] Demurrer [ J overruled [ ] sustained with days to [ ] answer [ ] amend [ X] Tentative ruling becomes the order of the court. No further order is necessary. [ X] Pursuant to CRC 391(a) and CCP section 1019.5(a), no further order is necessary. The minute order adopting the tentative ruling serves as the order of the court. | [ X] Service by the clerk will constitute notice of the order. . ' [X ] See attached copy of the Tentative Ruling. [ ] Judgment debtor sworn and examined. [ ] Judgment debtor failed to appear. Bench warrant issued in the amount of $ JUDGMENT: [ ] Money damages [ ] Default [ ] Other entered in the amount of. Principal $__ Interest $__ Costs $__ “Attorney fees $__ Total $__ [ ] Claim of exemption [ ] granted [ ] denied. Court orders withholdings modifiedto $__ per 1 : FURTHER, COURT ORDERS: { ] Monies held by levying officerto be [ ] released to judgment creditor. [ ] returned to judgment debtor. (18. to be released to judgment creditor and balance returned to judgment debtor. [ ] Levying Officer, County of. notified. [ ] Writ to issue [ ] Notice to be filed within 15 days. [ ] Restitution of Premises [ ] Other: CV-14b E04-16 Bena LAW AND MOTION MINUTE ORDER 03 entative Rulin: Re: State of California v. Leonardo Bros. Dairy Case No. 16 CE CG 01686 Hearing Date January 10, 2017 (Dept. 402) Motion Plaintiff's Motion for Order of Possession Tentative Ruling: To grant plaintiff's motion for an order of possession of the subject property. (Code Civ. Proc. § 1255.410.) Explanation: The plaintiff has established all of the required elemenis to allow it to obtain an order for prejudgment possession of the parcels under Code of Civil Procedure section 1255,410. Plaintiff is a public entity with the right to take property by eminent domain. It obtained a resolution of necessity from the State Public Works Board on April 14!", 2016, thus establishing that the project is necessary, that is it planned and located in a manner that is most compatible with the public good and least private injury, and that the property to be acquired is necessary for the project. The plaintiff has also deposited the probable amount of compensation, $660,500.00, with the State Treasurer. In addition, plaintiff has shown that there is an overriding need for it to possess the property in order io complete the High Speed Rail project. The plaintiff will also suffer substantial harm if the project is delayed, since it will incur delay costs if the project does not go forward, as well as risking the loss of federal funding for the project. Therefore, plaintiff has met its burden of showing the basic elements of its claim for an order of prejudgment possession. i 1 Also, defendants were served with notice of the motion by mail on September 22nd, 2016, which is more than 90 days. before the hearing on the motion. Defendanis have failed to file written opposition within 30 days of being served, ‘and thus defendants have failed to show that they will suffer any undue harm if the taking is granted. Therefore, there is no need to analyze whether the plaintiff's need to take possession of the property outweighs the defendants’ interest in keeping the property. Instead, the court intends to find that the plaintiff has met its burden of showing that the taking is necessary and in the best interests of the public, and that the public benefit outweighs any possible harm to the private property owners. As a result,:the court intends to grant the motion for possession of the property within 30 days of the effective date of the order. ‘ Pursuant to CRC 3.1312 and CCP §1019.5{a}, no further written order is necessary. The minute order adopting this tentative ruling will serve as the order of the (court and service by the clerk will constitute notice of the order. wo Tentative Ruling Issued By: JYH on_01/09/17 (Judge's initials) (Date) SUPERIOR COURT OF CALIFORNIA- COUNTY OF FRESNO FOR COURT USE ONLY Civil Department, Central Division 1130 "O" Street Fresno, California 93724-0002 (559) 457-2000 TITLE OF CASE: The People of the State of California, acting by and through the State Public Works Board vs.Leonardo Bros. Dairy, a General Partnership CASE NUMBER: CLERK'S CERTIFICATE OF MAILING 16CECG01686 | certify that | am not a party to this cause and that a true copy of the: 01/10/2017 Minute Order and copy of Tentative Ruling was placed in a sealed envelope and placed for collection and mailing on the date and at the place shown below following our ordinary business practice. | am readily familiar with this court's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, itis deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. S Place of mailing: Fresno, California 93724-0002 On Date: 01/10/2017 Clerk, by nu , Deputy Santana Yuan Chang Deputy Attorney 100 South Main Street, Suite 1300 Los Angeles, CA 90012 0 Clerk's Certificate of Mailing Additional Address Page Attached TGN-06b RO8-06 CLERK'S CERTIFICATE OF MAILING