On August 10, 2017 a
Court Notice
was filed
involving a dispute between
The State Of California,
and
Christopher, Millar,
Christopher Millar, As Personal Representative Of Rae Veater Millar,
Federal Land Bank Association Of Kingsburg, Flca,
Irigoyen Farms, Inc.,
Irigoyen Farms, Inc., A California Corporation,
Irigoyen, Jose,
Irigoyen, Joseph,
Irigoyen, Julian,
Kings River Conservation District,
Louis E. Rainville And Myrtle Rainville, His Wife, As Joint Tenants,
Loveland, Tammy Jean,
Millar, Christopher George,
Millar, Gregory Max,
Millar, Mitchell Collins,
Millar, Peter Stefan,
Rainville, Louis E,
Rainville, Myrtle,
Ruda, Catherine Rae,
Security Company, A Corporation,
The Heirs And Devisees Of Louis E. Rainville, Deceased And Myrtle Rainville, His Wife, Deceased, As Joint Tenants And All Persons Claiming By, Through, Or Under Said Decedents.,
Veater, Amy Lynn,
Veater, Carl Andrew,
Veater, George Robert,
for 14 Unlimited - Eminent Domain/Inverse Condemnation
in the District Court of Fresno County.
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MARK A. WASSER, State Bar No. 060160
LAW OFFICES OF MARK A. WASSER
400 Capitol Mall, Suite 1100
Sacramento, California 95814
LL)
Phone: (9 1 6) 444-6400
Fax: (916) 444-6405
E-mail: mw'asser@ markwasser.com
JAN L. KAHN, State Bar No. 055788
KAHN, SOARES
QONlJI-b
& CONWAY LLP
219 Nonh Douty Street
Hanford, California 93230
Phone: (559) 584-3337
Fax: (559) 584-3348 RECEIVED
E—mail: jkahn@kschanford.com 7/28/2020 2:35 PM
FRESNO COUNTY SUPERIOR COURT
Attorneys for Defendants Irigoyen Farms, 1110.; By: I. Herrera, Deputy
Joseph In'goyen; Julian Irigoyen; and Jose Irigoyen
10
11 SUPERIOR COURT OF THE STATE 0F CALIFORNIA
12 IN AND FOR THE COUNTY OF FRESNO
13
TIrE STATE OF CALIFORNIA,
Case No.: 17CECG02730
14 acting by
and through the State Public Works Board,
(Consolidated with Case No. 17CECG03354)
15
Plaintiff,
16
VERIFIED APPLICATION FOR
VS.
WITHDRAWAL 0F DEPOSIT;
17
MEMORANDUM 0F POINTS AND
IRIGOYEN FARMS, INC., a California AUTHORITIES; AND [PROPOSED]
18 corporation; JOSEPH IRIGOYEN, a ORDER
married man as his sole and separate
property; JULIAN IRIGOYEN, a married Code of Civ. Proc. §1255.210
19
man as his sole and separate property; JOSE
[RIGOYEN, a married man as his sole and Action Filed: August 11, 2017
20
separate propexty; all as joint tenants;
21 KINGS RIVER CONSERVATION
DISTRICT; LOUIS E. RAINVILLE and
22 MYRTLE RAINVILLE, his wife, as joint
tenants; SECURITY COMPANY, a
23 corporation; FEDERAL LAND BANK
ASSOCIATION OF KINGSBURG, FLCA,
24 a corporation; and DOES ONE through
FIFTY, Inclusive,
25
Defendants.
26
27 AND CONSOLIDATED ACTIONS.
28
Law Olhces
a
MarkAWam "" VERIFIED APPLICATION FOR WITHDRAWAL OF DEPOSIT;
MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER
1 Defendants Irigoyen Farms, Inc., Joseph Irigoyen, Julian Irigoyen, and Jose Irigoyen
2 (“Irigoyen Defendants”) hereby apply to withdraw the deposit in these consolidated cases.
3 On September 18, 2017, Plaintiff deposited the sum of $465,800.00 with the State Treasurer
4 as estimated probable compensation in Case No. 17CECG02730. On December 21, 2017, Plaintiff
5 deposited the sum of $246,663.00 with the State Treasurer as estimated probable compensation in
6 Case No. 17CECGO33S4. The total deposit in these consolidated cases is $7 12,463.00.
7 Defendants Irigoyen Farms, Inc., Joseph Irigoyen, Julian Irigoyen, and Jose In'goyen
8 (“Irigoyen Defendants”) are the only parties with any interest in or to the deposit.
9 Defendants Kings River Conservation District and Elkhom 160 Fruit Company have filed
10 disclaimers. Defendants Louis E. Rainville and Myrtle Rainville have been dismissed. Defendants
11 Rey M. Merino and Elvira Merino are deceased and have been dismissed. Their heirs have been
12 joined as Doe Defendants and defaulted. Secun'ty Company and Federal Land Bank Association of
l3 Kingsburg, FLCA have been defaulted. The Irigoyen Defendants have been informed and believe
14 that Plaintiff does not oppose withdrawal of the deposits by the Irigoyen Defendants. The In'goyen
15 Defendants are not aware of any opposition t0 this application.
16 The Irigoyen Defendants need the deposit to pay for curative work to repair damage done to
17 their farming property by Plaintiff‘s project. The cost of that work far exceeds the amount of the
18 deposit and substantial additional compensation will be required to compensate the Irigoyen
19 Defendants for the damage and losses they have sustained as a consequence of Plaintiffs project.
20 WHEREFORE, the Irigoyen Defendants request that this Application be granted and the full
21 amount of the deposit herein, $712,463.00, be ordered withdrawn and that a check or warrant in that
22 amount, payable t0 “Irigoyen Farms, Inc.,” be issued and delivered to their co-counsel of record, Jan
23 Kahn, Kahn, Soares & Conway, 219 North Douty Street, Hanford, California 93230.
24 Respectfillly submitted,
25 Dated: July 24, 2020 LAW OFFICES OF MARK A. WASSER
26
27
By: ”MK («r—V
Mark. A. Wasser, Attorneys for Defendants
Irigoyen Farms, Inc.; Joseph Irigoyen;
28 Julian Irigoyen; and Jose Irigoyen
Law Ollices
ol
Mm "" VERIFIED APPLICATION FO:R2;NITHDRAWAL OF DEPOSIT;
MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER
1
2
3
4
I,
I
Joseph Irigoyen, declare as follows:
am an officer of Irigoyen Fanns,
on behalf of Irigoyen Farms,
WInc. and am authorized to make this Verification for and
Inc, Julian Irigoyen, Jose Irigoyen and myself. Ihave read the
5 foregoing Application and know it to be true and correct of my own personal knowledge. As to
6 matters that are stated on information and belief, I believe it to be true.
7 I certify under penalty of perjury that the foregoing is true and correct.
8 Executed this £2 day ofJuly, 2020 in Hanford, California.
r
9
10
J seph igoyen
11
12
13 MEMORANDUM
14 Code of Civil Procedure section 1255.210 provides that any defendant may apply to the
1 5 Court by verified application to withdraw allor any portion of a deposit filed in an eminent domain
16 proceeding. The application must be served on the plaintiff.
17 Code of Civil Procedure section 1255.250 provides that the application may be approved if
18 the plaintiff does not file an objection within 20 days.
19 By the within Application, the Irigoyen Defendants are applying to withdraw the deposits in
20 these consolidated cases. Ifno objection isfiled within 20 days, their Application should be
21 approved.
22 Dated: July 24, 2020 LAW OFFICES OF MARK A. WASSER
23
24
By: pfi/ WI
Mark A. Wasser, Attorneys for Defendants
Irigoyen Farms, Inc.; Joseph Irigoyen;
25
Julian Irigoyen; and Jose Irigoyen
26 ///
27 ///
28 ///
WW 0mm 0'
.Vvam VERIFIED APPLICATION F01R3§VITHDRAWAL OF DEPOSIT;
MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER
ORDER
The In'goyen Defendants having applied to withdraw the deposit herein and no objections
having been filed within the time allowed by law and good cause appealing,
The Application of the Irigoycn Defendants t0 withdraw the full amount of the deposit in
these consolidated cases, in the sum 0f $712,463.00, granted and a check or warrant in that
1's
amount, payable
\oooxjmmbmm
to “Irigoyen Farms, 1110.,” shall be issued and delivered to their co-counsel of
record, Jan Kahn, Kahn, Soares & Conway, 219 North Douty Street, Hanford, California 93230.
IT IS SO ORDERED.
Dated:
D. TYLER THARPE
11 Judge 0f the Superior Court
12
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17
1s
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law Ofnces
0'
-4-
VERIFIED APPLICATION FOR WITHDRAWAL 0F DEPOSIT;
MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER
31PROOF OF SERVICE
1013A (3) CCP Revised 5/1/88
STATE OF CALIFORNIA, COUNTY OF KINGS
Iam employed in the County 0f Kings, State of California. I am over the age 0f 18 and not
a party t0 the within action. My business address is: 219 N. Douty St., Hanford, CA 93230.
OOOONOUl-b
On July 28, 2020, I served the foregoing documents described as VERIFIED
APPLICATION FOR WITHDRAWAL OF DEPOSIT; MEMORANDUM OF POINTS AND
AUTHORITIES; AND [PROPOSED] ORDER 0n the interested parties in this action by placing
true copies thereof enclosed in sealed envelopes addressed as follows:
Deborah A. Cumba
CA Dept. of Transportation
Legal Division
11 4050 Taylor Street, MS 130
San Diego, CA 921 10-2737
12
13 Deborah. Cumba@dot.ca.gov
14 X (BY MAIL) I am "readily familiar" with the firm's practice 0f collection and processing
correspondence for mailing. Under that practice it would be deposited with U.S. postal
15
service on that same day with postage thereon fully prepared at Hanford, California in the
ordinaly course 0f business.
16
17 X (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based 0n a coun order 0r an
agreement 0f the panics to accept service by e-mail 0r electronic transmission, I caused the
18 documents t0 be sent t0 the persons at the e-mail addresses listed. I did not receive, within a
reasonable time afier the transmission, any electronic message 0r other indication that the
19
transmission was unsuccessful.
20
Executed 0n July 28, 2020, at Hanford, California.
21
I declare under penalty 0f perjuny under the laws 0f the State of California that the above is
22 true and correct.
23
24
25
26
V
SAMANTHA SWAIM
I
'
W s
27
28
PROOF OF SERVICE
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MARK A. WASSER, State Bar No. 060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, California 95814 LL) Phone: (9 1 6) 444-6400 Fax: (916) 444-6405 E-mail: mw'asser@ markwasser.com JAN L. KAHN, State Bar No. 055788 KAHN, SOARES QONlJI-b & CONWAY LLP 219 Nonh Douty Street Hanford, California 93230 Phone: (559) 584-3337 Fax: (559) 584-3348 RECEIVED E—mail: jkahn@kschanford.com 7/28/2020 2:35 PM FRESNO COUNTY SUPERIOR COURT Attorneys for Defendants Irigoyen Farms, 1110.; By: I. Herrera, Deputy Joseph In'goyen; Julian Irigoyen; and Jose Irigoyen 10 11 SUPERIOR COURT OF THE STATE 0F CALIFORNIA 12 IN AND FOR THE COUNTY OF FRESNO 13 TIrE STATE OF CALIFORNIA, Case No.: 17CECG02730 14 acting by and through the State Public Works Board, (Consolidated with Case No. 17CECG03354) 15 Plaintiff, 16 VERIFIED APPLICATION FOR VS. WITHDRAWAL 0F DEPOSIT; 17 MEMORANDUM 0F POINTS AND IRIGOYEN FARMS, INC., a California AUTHORITIES; AND [PROPOSED] 18 corporation; JOSEPH IRIGOYEN, a ORDER married man as his sole and separate property; JULIAN IRIGOYEN, a married Code of Civ. Proc. §1255.210 19 man as his sole and separate property; JOSE [RIGOYEN, a married man as his sole and Action Filed: August 11, 2017 20 separate propexty; all as joint tenants; 21 KINGS RIVER CONSERVATION DISTRICT; LOUIS E. RAINVILLE and 22 MYRTLE RAINVILLE, his wife, as joint tenants; SECURITY COMPANY, a 23 corporation; FEDERAL LAND BANK ASSOCIATION OF KINGSBURG, FLCA, 24 a corporation; and DOES ONE through FIFTY, Inclusive, 25 Defendants. 26 27 AND CONSOLIDATED ACTIONS. 28 Law Olhces a MarkAWam "" VERIFIED APPLICATION FOR WITHDRAWAL OF DEPOSIT; MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER 1 Defendants Irigoyen Farms, Inc., Joseph Irigoyen, Julian Irigoyen, and Jose Irigoyen 2 (“Irigoyen Defendants”) hereby apply to withdraw the deposit in these consolidated cases. 3 On September 18, 2017, Plaintiff deposited the sum of $465,800.00 with the State Treasurer 4 as estimated probable compensation in Case No. 17CECG02730. On December 21, 2017, Plaintiff 5 deposited the sum of $246,663.00 with the State Treasurer as estimated probable compensation in 6 Case No. 17CECGO33S4. The total deposit in these consolidated cases is $7 12,463.00. 7 Defendants Irigoyen Farms, Inc., Joseph Irigoyen, Julian Irigoyen, and Jose In'goyen 8 (“Irigoyen Defendants”) are the only parties with any interest in or to the deposit. 9 Defendants Kings River Conservation District and Elkhom 160 Fruit Company have filed 10 disclaimers. Defendants Louis E. Rainville and Myrtle Rainville have been dismissed. Defendants 11 Rey M. Merino and Elvira Merino are deceased and have been dismissed. Their heirs have been 12 joined as Doe Defendants and defaulted. Secun'ty Company and Federal Land Bank Association of l3 Kingsburg, FLCA have been defaulted. The Irigoyen Defendants have been informed and believe 14 that Plaintiff does not oppose withdrawal of the deposits by the Irigoyen Defendants. The In'goyen 15 Defendants are not aware of any opposition t0 this application. 16 The Irigoyen Defendants need the deposit to pay for curative work to repair damage done to 17 their farming property by Plaintiff‘s project. The cost of that work far exceeds the amount of the 18 deposit and substantial additional compensation will be required to compensate the Irigoyen 19 Defendants for the damage and losses they have sustained as a consequence of Plaintiffs project. 20 WHEREFORE, the Irigoyen Defendants request that this Application be granted and the full 21 amount of the deposit herein, $712,463.00, be ordered withdrawn and that a check or warrant in that 22 amount, payable t0 “Irigoyen Farms, Inc.,” be issued and delivered to their co-counsel of record, Jan 23 Kahn, Kahn, Soares & Conway, 219 North Douty Street, Hanford, California 93230. 24 Respectfillly submitted, 25 Dated: July 24, 2020 LAW OFFICES OF MARK A. WASSER 26 27 By: ”MK («r—V Mark. A. Wasser, Attorneys for Defendants Irigoyen Farms, Inc.; Joseph Irigoyen; 28 Julian Irigoyen; and Jose Irigoyen Law Ollices ol Mm "" VERIFIED APPLICATION FO:R2;NITHDRAWAL OF DEPOSIT; MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER 1 2 3 4 I, I Joseph Irigoyen, declare as follows: am an officer of Irigoyen Fanns, on behalf of Irigoyen Farms, WInc. and am authorized to make this Verification for and Inc, Julian Irigoyen, Jose Irigoyen and myself. Ihave read the 5 foregoing Application and know it to be true and correct of my own personal knowledge. As to 6 matters that are stated on information and belief, I believe it to be true. 7 I certify under penalty of perjury that the foregoing is true and correct. 8 Executed this £2 day ofJuly, 2020 in Hanford, California. r 9 10 J seph igoyen 11 12 13 MEMORANDUM 14 Code of Civil Procedure section 1255.210 provides that any defendant may apply to the 1 5 Court by verified application to withdraw allor any portion of a deposit filed in an eminent domain 16 proceeding. The application must be served on the plaintiff. 17 Code of Civil Procedure section 1255.250 provides that the application may be approved if 18 the plaintiff does not file an objection within 20 days. 19 By the within Application, the Irigoyen Defendants are applying to withdraw the deposits in 20 these consolidated cases. Ifno objection isfiled within 20 days, their Application should be 21 approved. 22 Dated: July 24, 2020 LAW OFFICES OF MARK A. WASSER 23 24 By: pfi/ WI Mark A. Wasser, Attorneys for Defendants Irigoyen Farms, Inc.; Joseph Irigoyen; 25 Julian Irigoyen; and Jose Irigoyen 26 /// 27 /// 28 /// WW 0mm 0' .Vvam VERIFIED APPLICATION F01R3§VITHDRAWAL OF DEPOSIT; MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER ORDER The In'goyen Defendants having applied to withdraw the deposit herein and no objections having been filed within the time allowed by law and good cause appealing, The Application of the Irigoycn Defendants t0 withdraw the full amount of the deposit in these consolidated cases, in the sum 0f $712,463.00, granted and a check or warrant in that 1's amount, payable \oooxjmmbmm to “Irigoyen Farms, 1110.,” shall be issued and delivered to their co-counsel of record, Jan Kahn, Kahn, Soares & Conway, 219 North Douty Street, Hanford, California 93230. IT IS SO ORDERED. Dated: D. TYLER THARPE 11 Judge 0f the Superior Court 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 law Ofnces 0' -4- VERIFIED APPLICATION FOR WITHDRAWAL 0F DEPOSIT; MEMORANDUM 0F POINTS AND AUTHORITIES; AND [PROPOSED] ORDER 31PROOF OF SERVICE 1013A (3) CCP Revised 5/1/88 STATE OF CALIFORNIA, COUNTY OF KINGS Iam employed in the County 0f Kings, State of California. I am over the age 0f 18 and not a party t0 the within action. My business address is: 219 N. Douty St., Hanford, CA 93230. OOOONOUl-b On July 28, 2020, I served the foregoing documents described as VERIFIED APPLICATION FOR WITHDRAWAL OF DEPOSIT; MEMORANDUM OF POINTS AND AUTHORITIES; AND [PROPOSED] ORDER 0n the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: Deborah A. Cumba CA Dept. of Transportation Legal Division 11 4050 Taylor Street, MS 130 San Diego, CA 921 10-2737 12 13 Deborah. Cumba@dot.ca.gov 14 X (BY MAIL) I am "readily familiar" with the firm's practice 0f collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal 15 service on that same day with postage thereon fully prepared at Hanford, California in the ordinaly course 0f business. 16 17 X (BY E-MAIL OR ELECTRONIC TRANSMISSION) Based 0n a coun order 0r an agreement 0f the panics to accept service by e-mail 0r electronic transmission, I caused the 18 documents t0 be sent t0 the persons at the e-mail addresses listed. I did not receive, within a reasonable time afier the transmission, any electronic message 0r other indication that the 19 transmission was unsuccessful. 20 Executed 0n July 28, 2020, at Hanford, California. 21 I declare under penalty 0f perjuny under the laws 0f the State of California that the above is 22 true and correct. 23 24 25 26 V SAMANTHA SWAIM I ' W s 27 28 PROOF OF SERVICE