On October 12, 2023 a
Complaint,Petition
was filed
involving a dispute between
San Bernardino County Transportation Authority, A Public Agency,
and
7-Eleven, Inc.,
Song, Trustee, Sue Chin,
U. S. Bank National Association,
U. S. Bank Trust Company, National Association,
for Eminent Domain/Inv Cond Unlimited
in the District Court of San Bernardino County.
Preview
Fee Exempt Per Gov. Code § 6103
WOODRUFF & SMART, APC
CRAIG G. FARRINGTON - State Bar N0. 125274
cfarrington@woodruff.1aw ELECTRONICALLY FILED
ALYSON C. SUH - State Bar NO. 225083 SUPERIOR COURT OF CALIFORNIA
asuh@woodruff.law COUNTY OF SAN BERNARDINO
MIClIgAEL C. XALII)EZ - State Bar N0. 295948 SAN BERNARD'NO D'STR'CT
mva ez@w00 ruff. aw .
10/12/2023 10'36 AM
555 Anton Boulevard, Suite 1200
COSta Mesa, CA 92626-7670
KDOOQONU‘I-PUJNt—k
By: Leanne Landeros, DEPUTY
Telephone: (714) 558-7000
Facmmile: (714) 835-7787
Attorneys for Plaintiff SAN BERNARDINO COUNTY TRANSPORTATION
AUTHORITY, a public agency
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
SAN BERNARDINO COUNTY CASE N0.: C'VSBZ325497
TRANSPORTATION AUTHORITY, a
public agency, ASSIGNED FOR ALL PURPOSES TO
SMART
LAW
THE HONORABLE
&
AT MESA
Plaintiff, DEPARTMENT:
COSTA
COMPLAINT IN EMINENT DOMAIN
ATTORNEYS
WOODRUFF
V.
SUE CHIN SONG, as Trustee of the SUE (Code 0f Civil Procedure §1250.310)
CHIN SONG LIVING TRUST, UTD, March
BANK NATIONAL
NNNNNNNNNt—th—tt—th—tr—th—tr—tt—tr—tt—t
13, 2007; U.S. [Assessor Parcel N0. 0164-172-53]
ASSOCIATION; U.S. BANK TRUST
COMPANY, National Association; 7— HEARING DATES PENDING:
ELEVEN, INC; DOES 1 through 100, None
inclusive; and ALL PERSONS UNKNOWN
CLAIMING AN INTEREST IN THE DATE ACTION FILED:
OONQMJ>WNHOKOOONQLA$UJNHO
PROPERTY, TRIAL DATE: None
Defendants.
Plaintiff SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
("Plaintiff") hereby alleges as follows:
1. Plaintiff is, and at all times mentioned herein was, a public entity duly
organized and existing under and by Virtue of the laws 0f the State of California. (Pub. Util.
Code, §§ 130050 et seq. and §§ 130800 set. seq.) Pursuant t0 sections 130809(b) and
1302205 of the California Public Utilities Code and Code of Civil Procedure sections
1
COMPLAINT IN EMINENT DOMAIN
17923001
1240.1 10 and 1240. 120, Plaintiff is vested by law With the authority t0 exercise the power of
eminent domain.
2. In this action, Plaintiff seeks t0 acquire by eminent domain interests in real
property as described herein for the Interstate 10 Mount Vernon Avenue Improvements
The Project demand
KDOOQONU‘I-PUJNt—k
Project (the "Project"). is intended t0 improve circulation during high
hours and improve bicycle and pedestrian mobility along Mount Vernon Avenue between
East Valley Boulevard t0 the north and the I-10 eastbound ramps/Mount Vernon Avenue
intersection t0 the south.
3. Prior t0 the commencement 0f this action, after a noticed hearing in
compliance with Code 0f Civil Procedure section 1245.235, the Board 0f Directors of the
San Bernardino County Transportation Authority convened in San Bemardino, California on
September 6, 2023 t0 consider the adoption of a resolution of necessity. By a vote 0f at least
two-thirds 0f all members of the Board 0f Directors, Plaintiff duly and regularly passed and
SMART
LAW
AT
adopted Resolution 0f Necessity No. 24-003 ("Resolution 0f Necessity"), declaring that the
MESA
&
COSTA
ATTORNEYS
public interest and necessity required the acquisition 0f the interests in real property
WOODRUFF
described therein for the construction and use of the Proj ect and that Plaintiff is authorized t0
NNNNNNNNNt—th—tt—th—tr—th—tr—tt—tr—tt—t
acquire the interests in real property as described in the Resolution 0f Necessity. A copy 0f
the Resolution of Necessity with exhibits is attached hereto as Exhibit "A" and incorporated
OONQMJ>WNHOKOOONQLA$UJNHO
fully herein by this reference.
4. As set forth in the Resolution of Necessity, and based on all of the evidence
and testimony at the public hearing, Plaintiff‘s Board of Directors found and determined that:
A. The public interest and necessity require the proposed Proj ect;
B. The proposed Project is planned and located in the manner that Will be
the most compatible with the greatest public good and the least private injury;
C. The property interests sought t0 be acquired are necessary for the
proposed Project; and
D. The offer required by section 7267.2 0f the California Government
Code has been made t0 the owner 0r owners of record.
2
COMPLAINT IN EMINENT DOMAIN
17923001
Document Filed Date
October 12, 2023
Case Filing Date
October 12, 2023
Category
Eminent Domain/Inv Cond Unlimited
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Fee Exempt Per Gov. Code § 6103 WOODRUFF & SMART, APC CRAIG G. FARRINGTON - State Bar N0. 125274 cfarrington@woodruff.1aw ELECTRONICALLY FILED ALYSON C. SUH - State Bar NO. 225083 SUPERIOR COURT OF CALIFORNIA asuh@woodruff.law COUNTY OF SAN BERNARDINO MIClIgAEL C. XALII)EZ - State Bar N0. 295948 SAN BERNARD'NO D'STR'CT mva ez@w00 ruff. aw . 10/12/2023 10'36 AM 555 Anton Boulevard, Suite 1200 COSta Mesa, CA 92626-7670 KDOOQONU‘I-PUJNt—k By: Leanne Landeros, DEPUTY Telephone: (714) 558-7000 Facmmile: (714) 835-7787 Attorneys for Plaintiff SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY, a public agency SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT SAN BERNARDINO COUNTY CASE N0.: C'VSBZ325497 TRANSPORTATION AUTHORITY, a public agency, ASSIGNED FOR ALL PURPOSES TO SMART LAW THE HONORABLE & AT MESA Plaintiff, DEPARTMENT: COSTA COMPLAINT IN EMINENT DOMAIN ATTORNEYS WOODRUFF V. SUE CHIN SONG, as Trustee of the SUE (Code 0f Civil Procedure §1250.310) CHIN SONG LIVING TRUST, UTD, March BANK NATIONAL NNNNNNNNNt—th—tt—th—tr—th—tr—tt—tr—tt—t 13, 2007; U.S. [Assessor Parcel N0. 0164-172-53] ASSOCIATION; U.S. BANK TRUST COMPANY, National Association; 7— HEARING DATES PENDING: ELEVEN, INC; DOES 1 through 100, None inclusive; and ALL PERSONS UNKNOWN CLAIMING AN INTEREST IN THE DATE ACTION FILED: OONQMJ>WNHOKOOONQLA$UJNHO PROPERTY, TRIAL DATE: None Defendants. Plaintiff SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY ("Plaintiff") hereby alleges as follows: 1. Plaintiff is, and at all times mentioned herein was, a public entity duly organized and existing under and by Virtue of the laws 0f the State of California. (Pub. Util. Code, §§ 130050 et seq. and §§ 130800 set. seq.) Pursuant t0 sections 130809(b) and 1302205 of the California Public Utilities Code and Code of Civil Procedure sections 1 COMPLAINT IN EMINENT DOMAIN 17923001 1240.1 10 and 1240. 120, Plaintiff is vested by law With the authority t0 exercise the power of eminent domain. 2. In this action, Plaintiff seeks t0 acquire by eminent domain interests in real property as described herein for the Interstate 10 Mount Vernon Avenue Improvements The Project demand KDOOQONU‘I-PUJNt—k Project (the "Project"). is intended t0 improve circulation during high hours and improve bicycle and pedestrian mobility along Mount Vernon Avenue between East Valley Boulevard t0 the north and the I-10 eastbound ramps/Mount Vernon Avenue intersection t0 the south. 3. Prior t0 the commencement 0f this action, after a noticed hearing in compliance with Code 0f Civil Procedure section 1245.235, the Board 0f Directors of the San Bernardino County Transportation Authority convened in San Bemardino, California on September 6, 2023 t0 consider the adoption of a resolution of necessity. By a vote 0f at least two-thirds 0f all members of the Board 0f Directors, Plaintiff duly and regularly passed and SMART LAW AT adopted Resolution 0f Necessity No. 24-003 ("Resolution 0f Necessity"), declaring that the MESA & COSTA ATTORNEYS public interest and necessity required the acquisition 0f the interests in real property WOODRUFF described therein for the construction and use of the Proj ect and that Plaintiff is authorized t0 NNNNNNNNNt—th—tt—th—tr—th—tr—tt—tr—tt—t acquire the interests in real property as described in the Resolution 0f Necessity. A copy 0f the Resolution of Necessity with exhibits is attached hereto as Exhibit "A" and incorporated OONQMJ>WNHOKOOONQLA$UJNHO fully herein by this reference. 4. As set forth in the Resolution of Necessity, and based on all of the evidence and testimony at the public hearing, Plaintiff‘s Board of Directors found and determined that: A. The public interest and necessity require the proposed Proj ect; B. The proposed Project is planned and located in the manner that Will be the most compatible with the greatest public good and the least private injury; C. The property interests sought t0 be acquired are necessary for the proposed Project; and D. The offer required by section 7267.2 0f the California Government Code has been made t0 the owner 0r owners of record. 2 COMPLAINT IN EMINENT DOMAIN 17923001