On April 14, 2015 a
Answer
was filed
involving a dispute between
The State Of California,
and
Lindsey, Matt,
Ross Family Properties, Llc,
for 14 Unlimited - Eminent Domain/Inverse Condemnation
in the District Court of Fresno County.
Preview
DAVID M- GILMORE, #105429
STuPRERD BEEA# #294339
se mlegal.net
MAGNESS LEIFER
FILED
P © Box 28907
Fresno, CA 93729-8907
§
Tel hone: 559) 448-9800
Facsimile: (: 59) 448-9899
Attorneys for Defendants Ross Family
JUL 47 2015
Properties, LLC and Matt Lindsey FRESNO COUNTY SUPERIOR COURT
y.
DEPUTY
10
SUPERIOR COURT OF CALIFORNIA BS“
11
COUNTY OF FRESNO, CENTRAL DIVI
AV. vO. SBI
12
THE STATE OF CALIFORNIA, acting by’ CASE NO. 1SCECG01 Lf
13 ‘and through the State Public Works Board,
DEFENDANT ROSS FAMILY
14 Plaintiff, PROPERTIES, LLC AND MATT
LINDSEY’S ANSWER
15 Vv. COMPLAINT IN EMINENT. DOMAIN
16 ROSS FAMILY PROPERTIES, LLC;
MATT LINDSEY, dba Lindsey’ F amily
17 Farms; and DOES "ONE through DOE
WENTY, inclusive,
18
Defendants.
19
ana
20 en
a
21 GENERAL DENIAL
orm
mon
25
=
22 Pursuant to Sections 431.10, et seg., of the California Se oF
ma
23 Procedure, Defendants Ross Family Properties, LLC and Matt Lina Dgnnt
24 deny generally each and every allegation of the Complaint and deny |That Plamtiffi is
25 entitled to any relief whatsoever.
26
27
28
OILMORE MAQNESS LEIFER
‘A Paurraniowal Conran anion
P.O. BOX 28907 79$2-4\003 18547.000
FRESNO, CA 9729-4909
DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN
~~?
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Claim)
1 The Complaint and each purported cause of action set forth therein
fails to state facts sufficient to constitute a cause of action.
SECOND AFFIRMATIVE DEFENSE
(Failure to Comply with Civil Code Section 1250.360(d))
2 There is no reasonable probability that Plaintiff will devote
Defendants’ property to the stated purpose within seven years, or such longer period as is
10 reasonable and hence Plaintiff's claims are barred.
11 THIRD AFFIRMATIVE DEFENSE
12 (Failure to Comply with Civil Code Section 1250.360(e))
13 3 The subject property is not subject to acquisition by the power of
14 eminent domain for the stated purpose.
15 FOURTH AFFIRMATIVE DEFENSE
16 (Failure to Comply with Civil Code Section 1250.360(b))
17 4 Plaintiff does not intend to devote the property for the stated purpose.
18 FIFTH AFFIRMATIVE DEFENSE
19 (Failure to Comply with Civil Code Section 1250.360(h))
20 5 Plaintiff has not complied with other statutory requirements
21 concerning Plaintiff's intended purpose for Defendants’ property.
22 SIXTH AFFIRMATIVE DEFENSE
23 (Failure to Comply with Civil Code Section 1240.030(a), (c))
24 6 - Plaintiff has failed to make the requisite showing of necessity required
25 under Civil Code Section 1240.030(a) and (c).
26
27
28
‘OILMORE MAQNESS LEIFER
‘APROraasiONAt
mie 2
‘3729-4907 7952-4\00318547.000
DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN
a
SEVENTH AFFIRMATIVE DEFENSE
failure to Comply with Civil Code Section 1250.370(b))
7 Plaintiff has not shown that the public interest and necessity require
seizing Defendants’ property.
EIGHTH AFFIRMATIVE DEFENSE
(Failure to Comply with Civil Code Section 1250.370(c))
8 Plaintiff's proposed project is not planned or located in the manner
that will be the most compatible with the greatest public good and least injurious to private
interests.
10 NINTH AFFIRMATIVE DEFENSE
11 (Failure to Comply with Civil Code Section 1250.370(d))
12 9 Defendants’ property described in Plaintiff's Complaint is not
13 necessary for the proposed project.
14 WHEREFORE, Defendants pray for relief as follows:
15 1 That Plaintiff take nothing by reason of this Complaint and that
16 judgment be entered against Plaintiff and in favor of Defendants;
17 2 If the court determines that Plaintiff is entitled to take the property
18 described in the complaint by eminent domain, that answering Defendants be awarded the
19 fair market value of theit interests in the property, together with compensation for loss of
20 goodwill and severance damages;
21 3 That Defendants be awarded attorneys’ fees and costs incurred in
22 defending this action;
23 4 That Defendants be granted such other and further relief as the Court
24 may deem just and proper.
25
26
27
28
um (ORE MAONESS LEIFER
FUBKIONAL CORPORATION
FRESNO, CA 93729-8901 7952-4\00318547.000
DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN
_
Ye
1|/DATED: July 17, 2015 GILMORE MAGNESS LEIFER
1
2
3
4 David M. Gilmoré
Attorneys for Ross Family Properties, LLC
and Matt Lindsey
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
GILMORE MAONESS LEIFER
‘APROFEBNOWAL CORPORATION
masse, cn VARY 7952-4\00318547.000
DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN
Ve ~
PROOF
OF SERVICE
STATE OF CALIFORNIA, COUNTY OF FRESNO
At the time of service, I was over 18 years of age and not a party to this action. I
am employed in the County of Fresno, State of California. My business address is Post
Office Box 28907, Fresno, California 93729-8907.
DEFEND,
Jul
OSS FAMILY PROP.
ANSWER TO COMPLAINT IN
E IRTIES, LLC A
2015, I served true co; ies of the followin,
EMINENT DOMAIN on
document(s
MATT LI see
the interested parties in this
action as follows:
Emily D,W. Sweet
State of California, Department of
Transportation Legal ivision
4050 Taylor Street MS-130
San Diego, CA 9211
10 Facsimi. + (619) 688-6906
ll BY MAIL: I enclosed the document(s) in a sealed envelo; pe or packagi e addressed
to the persons at the addresses listed in the Service List and placed the envelope for
12 collection and mailing, following our ordinary business practices. I am readily familiar
13 &
with Gilmore Magness Leifer's rs actice for collecting and processing correspondence for
mailing. On the same day that e correspondence is placed for collection and mailing, it
is deposited in the ordinary course of business with the United States Postal Service, in a
14 sealed envelope with postage fully prepaid.
15 T declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
16
Executed on July 172015, at Fresno, California,
17
18
19 Suzannff Carroll I
20
21
22
23
24
25
26
27
28
COILMORE MAQNESS LEIFER
‘Afuoneavoen, Cunronanicn
aah.
cn Beat
Document Filed Date
July 17, 2015
Case Filing Date
April 14, 2015
Category
14 Unlimited - Eminent Domain/Inverse Condemnation
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DAVID M- GILMORE, #105429 STuPRERD BEEA# #294339 se mlegal.net MAGNESS LEIFER FILED P © Box 28907 Fresno, CA 93729-8907 § Tel hone: 559) 448-9800 Facsimile: (: 59) 448-9899 Attorneys for Defendants Ross Family JUL 47 2015 Properties, LLC and Matt Lindsey FRESNO COUNTY SUPERIOR COURT y. DEPUTY 10 SUPERIOR COURT OF CALIFORNIA BS“ 11 COUNTY OF FRESNO, CENTRAL DIVI AV. vO. SBI 12 THE STATE OF CALIFORNIA, acting by’ CASE NO. 1SCECG01 Lf 13 ‘and through the State Public Works Board, DEFENDANT ROSS FAMILY 14 Plaintiff, PROPERTIES, LLC AND MATT LINDSEY’S ANSWER 15 Vv. COMPLAINT IN EMINENT. DOMAIN 16 ROSS FAMILY PROPERTIES, LLC; MATT LINDSEY, dba Lindsey’ F amily 17 Farms; and DOES "ONE through DOE WENTY, inclusive, 18 Defendants. 19 ana 20 en a 21 GENERAL DENIAL orm mon 25 = 22 Pursuant to Sections 431.10, et seg., of the California Se oF ma 23 Procedure, Defendants Ross Family Properties, LLC and Matt Lina Dgnnt 24 deny generally each and every allegation of the Complaint and deny |That Plamtiffi is 25 entitled to any relief whatsoever. 26 27 28 OILMORE MAQNESS LEIFER ‘A Paurraniowal Conran anion P.O. BOX 28907 79$2-4\003 18547.000 FRESNO, CA 9729-4909 DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN ~~? AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) 1 The Complaint and each purported cause of action set forth therein fails to state facts sufficient to constitute a cause of action. SECOND AFFIRMATIVE DEFENSE (Failure to Comply with Civil Code Section 1250.360(d)) 2 There is no reasonable probability that Plaintiff will devote Defendants’ property to the stated purpose within seven years, or such longer period as is 10 reasonable and hence Plaintiff's claims are barred. 11 THIRD AFFIRMATIVE DEFENSE 12 (Failure to Comply with Civil Code Section 1250.360(e)) 13 3 The subject property is not subject to acquisition by the power of 14 eminent domain for the stated purpose. 15 FOURTH AFFIRMATIVE DEFENSE 16 (Failure to Comply with Civil Code Section 1250.360(b)) 17 4 Plaintiff does not intend to devote the property for the stated purpose. 18 FIFTH AFFIRMATIVE DEFENSE 19 (Failure to Comply with Civil Code Section 1250.360(h)) 20 5 Plaintiff has not complied with other statutory requirements 21 concerning Plaintiff's intended purpose for Defendants’ property. 22 SIXTH AFFIRMATIVE DEFENSE 23 (Failure to Comply with Civil Code Section 1240.030(a), (c)) 24 6 - Plaintiff has failed to make the requisite showing of necessity required 25 under Civil Code Section 1240.030(a) and (c). 26 27 28 ‘OILMORE MAQNESS LEIFER ‘APROraasiONAt mie 2 ‘3729-4907 7952-4\00318547.000 DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN a SEVENTH AFFIRMATIVE DEFENSE failure to Comply with Civil Code Section 1250.370(b)) 7 Plaintiff has not shown that the public interest and necessity require seizing Defendants’ property. EIGHTH AFFIRMATIVE DEFENSE (Failure to Comply with Civil Code Section 1250.370(c)) 8 Plaintiff's proposed project is not planned or located in the manner that will be the most compatible with the greatest public good and least injurious to private interests. 10 NINTH AFFIRMATIVE DEFENSE 11 (Failure to Comply with Civil Code Section 1250.370(d)) 12 9 Defendants’ property described in Plaintiff's Complaint is not 13 necessary for the proposed project. 14 WHEREFORE, Defendants pray for relief as follows: 15 1 That Plaintiff take nothing by reason of this Complaint and that 16 judgment be entered against Plaintiff and in favor of Defendants; 17 2 If the court determines that Plaintiff is entitled to take the property 18 described in the complaint by eminent domain, that answering Defendants be awarded the 19 fair market value of theit interests in the property, together with compensation for loss of 20 goodwill and severance damages; 21 3 That Defendants be awarded attorneys’ fees and costs incurred in 22 defending this action; 23 4 That Defendants be granted such other and further relief as the Court 24 may deem just and proper. 25 26 27 28 um (ORE MAONESS LEIFER FUBKIONAL CORPORATION FRESNO, CA 93729-8901 7952-4\00318547.000 DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN _ Ye 1|/DATED: July 17, 2015 GILMORE MAGNESS LEIFER 1 2 3 4 David M. Gilmoré Attorneys for Ross Family Properties, LLC and Matt Lindsey 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GILMORE MAONESS LEIFER ‘APROFEBNOWAL CORPORATION masse, cn VARY 7952-4\00318547.000 DEFENDANTS ANSWER TO COMPLAINT IN EMINENT DOMAIN Ve ~ PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO At the time of service, I was over 18 years of age and not a party to this action. I am employed in the County of Fresno, State of California. My business address is Post Office Box 28907, Fresno, California 93729-8907. DEFEND, Jul OSS FAMILY PROP. ANSWER TO COMPLAINT IN E IRTIES, LLC A 2015, I served true co; ies of the followin, EMINENT DOMAIN on document(s MATT LI see the interested parties in this action as follows: Emily D,W. Sweet State of California, Department of Transportation Legal ivision 4050 Taylor Street MS-130 San Diego, CA 9211 10 Facsimi. + (619) 688-6906 ll BY MAIL: I enclosed the document(s) in a sealed envelo; pe or packagi e addressed to the persons at the addresses listed in the Service List and placed the envelope for 12 collection and mailing, following our ordinary business practices. I am readily familiar 13 & with Gilmore Magness Leifer's rs actice for collecting and processing correspondence for mailing. On the same day that e correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a 14 sealed envelope with postage fully prepaid. 15 T declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 Executed on July 172015, at Fresno, California, 17 18 19 Suzannff Carroll I 20 21 22 23 24 25 26 27 28 COILMORE MAQNESS LEIFER ‘Afuoneavoen, Cunronanicn aah. cn Beat