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1 DOWNEY BRAND LLP
SCOTT D. McELHERN (Bar No. 173587)
2 smcelhern@downeybrand.com
JENNIFER L. WILLIAMS (Bar No. 261037) 10/9/2020
3 jwilliams@downeybrand.com
DARIA A. GOSSETT (Bar No. 316717)
4 dgossett@downeybrand.com
621 Capitol Mall, 18th Floor
5 Sacramento, California 95814
Telephone: 916.444.1000
6 Facsimile: 916.444.2100
7 Attorneys for Plaintiff Public Entity
SUTTER BUTTE FLOOD CONTROL AGENCY Exempt From Filing Fees
8 (Gov. Code, § 6103)
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF BUTTE
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12 SUTTER BUTTE FLOOD CONTROL Case No. 20CV01301
DOWNEY BRAND LLP
AGENCY,
13 Limited Civil Case
Plaintiff,
14 BRIEF SUMMARY OF CASE IN
v. SUPPORT OF REQUEST FOR COURT
15 JUDGMENT
ALL PERSONS UNKNOWN CLAIMING
16 AN INTEREST IN THE PROPERTY, APN: 024-210-035
17 Defendant.
18
19 Pursuant to California Rules of Court Rule 3.1800(a)(1), plaintiff Sutter Butte Flood
20 Control Agency (“SBFCA”) submits the following brief summary of the case, identifying the
21 parties, the nature of the claims, and the judgment sought:
22 I. PARTIES
23 Plaintiff Sutter Butte Flood Control Agency (“SBFCA”) is a joint powers agency
24 consisting of the Counties of Sutter and Butte, the Cities of Yuba City, Live Oak, Biggs and
25 Gridley, and Levee Districts 1 and 9, and is vested by law with authority to exercise the power of
26 eminent domain pursuant to Code of Civil Procedure section 1230.010 et seq., Government Code
27 section 25350.5, and Water Code section 50930.
28 Defendants are all unknown persons claiming an interest in the property.
1662607v1 1
BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT
1 II. NATURE OF CLAIMS
2 SBFCA is constructing improvements to rehabilitate approximately forty-one (41) miles of
3 levee along the west bank of the Feather River, extending from Thermalito Afterbay to
4 approximately four miles upstream of the confluence of the Feather River with the Sutter Bypass.
5 The levee improvements are intended to increase public safety by providing 200-year flood
6 protection to Biggs, Gridley, Live Oak, and Yuba City, as well as improve flood protection for the
7 less populated areas south of Yuba City.
8 SBFCA filed this action to acquire by eminent domain fee title to 1.36± acres of real
9 property. SBFCA seeks to acquire the property for the construction and maintenance of the
10 Feather River West Levee Project. The subject property is located in Butte County, California,
11 and commonly known as APN 024-210-035.
12 III. PROCEDURAL HISTORY
DOWNEY BRAND LLP
13 A. Adoption of Resolution of Necessity
14 On June 10, 2020, SBFCA adopted Resolution No. 2020-09, determining and declaring
15 that the public interest and necessity required the acquisition of the subject property. (See
16 Exhibit 1, Resolution of Necessity, attached to Declaration of Jennifer L. Williams (“Williams
17 Decl.”).) A resolution adopted by the governing body of the public entity pursuant to the Eminent
18 Domain Law conclusively establishes that the parcel described is necessary for a public project.
19 (Code Civ. Proc., § 1245.220.)
20 B. Attempts to Locate Owner
21 Prior to filing this action, SBFCA attempted to locate the owner of the property. (Williams
22 Decl., p. 2, ¶3.) The County Assessor’s Office lists Reclamation District 777 (“RD 777”), a public
23 agency, as the owner. (Ibid.) However, information provided by RD 777 and court records
24 obtained from the California State Archives confirm RD 777 owns an easement, not fee title.
25 (Ibid.) A search of the chain of title indicates the last known owners and their known heirs have
26 long-since passed away.1 (Ibid.)
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28 Further information is contained in the Declaration of Jennifer Williams filed July 2, 2020.
1662607v1 2
BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT
1 C. Service By Publication
2 On or about July 6, 2020, the Court granted SBFCA’s application for an order to serve the
3 defendants by publication. (Williams Decl., p. 2, ¶ 4.) The publication of the summons began in
4 the Chico Enterprises-Record, a newspaper of general circulation in Butte County, for four
5 consecutive weeks on July 22, July 29, August 5, and August 12, 2020. (Ibid.) No responses to
6 the complaint were received within 30 days of the last publication, and default was entered on
7 September 23, 2020. (Ibid.)
8 IV. PROPOSED JUDGMENT
9 SBFCA now requests entry of a judgment condemning the property to SBFCA and
10 determining the amount of compensation to be paid as $2,300, the appraised value of the property.
11 (Id. at p. 2, ¶ 5.)
12 The funds will be deposited with the California State Treasury. SBFCA will submit proof
DOWNEY BRAND LLP
13 of the deposit prior to seeking a final order of condemnation.
14 DATED: October 9, 2020 DOWNEY BRAND LLP
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By:
17 JENNIFER L. WILLIAMS
Attorneys for Plaintiff
18 SUTTER BUTTE FLOOD CONTROL AGENCY
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1662607v1 3
BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT
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1 DOWNEY BRAND LLP SCOTT D. McELHERN (Bar No. 173587) 2 smcelhern@downeybrand.com JENNIFER L. WILLIAMS (Bar No. 261037) 10/9/2020 3 jwilliams@downeybrand.com DARIA A. GOSSETT (Bar No. 316717) 4 dgossett@downeybrand.com 621 Capitol Mall, 18th Floor 5 Sacramento, California 95814 Telephone: 916.444.1000 6 Facsimile: 916.444.2100 7 Attorneys for Plaintiff Public Entity SUTTER BUTTE FLOOD CONTROL AGENCY Exempt From Filing Fees 8 (Gov. Code, § 6103) 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF BUTTE 11 12 SUTTER BUTTE FLOOD CONTROL Case No. 20CV01301 DOWNEY BRAND LLP AGENCY, 13 Limited Civil Case Plaintiff, 14 BRIEF SUMMARY OF CASE IN v. SUPPORT OF REQUEST FOR COURT 15 JUDGMENT ALL PERSONS UNKNOWN CLAIMING 16 AN INTEREST IN THE PROPERTY, APN: 024-210-035 17 Defendant. 18 19 Pursuant to California Rules of Court Rule 3.1800(a)(1), plaintiff Sutter Butte Flood 20 Control Agency (“SBFCA”) submits the following brief summary of the case, identifying the 21 parties, the nature of the claims, and the judgment sought: 22 I. PARTIES 23 Plaintiff Sutter Butte Flood Control Agency (“SBFCA”) is a joint powers agency 24 consisting of the Counties of Sutter and Butte, the Cities of Yuba City, Live Oak, Biggs and 25 Gridley, and Levee Districts 1 and 9, and is vested by law with authority to exercise the power of 26 eminent domain pursuant to Code of Civil Procedure section 1230.010 et seq., Government Code 27 section 25350.5, and Water Code section 50930. 28 Defendants are all unknown persons claiming an interest in the property. 1662607v1 1 BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT 1 II. NATURE OF CLAIMS 2 SBFCA is constructing improvements to rehabilitate approximately forty-one (41) miles of 3 levee along the west bank of the Feather River, extending from Thermalito Afterbay to 4 approximately four miles upstream of the confluence of the Feather River with the Sutter Bypass. 5 The levee improvements are intended to increase public safety by providing 200-year flood 6 protection to Biggs, Gridley, Live Oak, and Yuba City, as well as improve flood protection for the 7 less populated areas south of Yuba City. 8 SBFCA filed this action to acquire by eminent domain fee title to 1.36± acres of real 9 property. SBFCA seeks to acquire the property for the construction and maintenance of the 10 Feather River West Levee Project. The subject property is located in Butte County, California, 11 and commonly known as APN 024-210-035. 12 III. PROCEDURAL HISTORY DOWNEY BRAND LLP 13 A. Adoption of Resolution of Necessity 14 On June 10, 2020, SBFCA adopted Resolution No. 2020-09, determining and declaring 15 that the public interest and necessity required the acquisition of the subject property. (See 16 Exhibit 1, Resolution of Necessity, attached to Declaration of Jennifer L. Williams (“Williams 17 Decl.”).) A resolution adopted by the governing body of the public entity pursuant to the Eminent 18 Domain Law conclusively establishes that the parcel described is necessary for a public project. 19 (Code Civ. Proc., § 1245.220.) 20 B. Attempts to Locate Owner 21 Prior to filing this action, SBFCA attempted to locate the owner of the property. (Williams 22 Decl., p. 2, ¶3.) The County Assessor’s Office lists Reclamation District 777 (“RD 777”), a public 23 agency, as the owner. (Ibid.) However, information provided by RD 777 and court records 24 obtained from the California State Archives confirm RD 777 owns an easement, not fee title. 25 (Ibid.) A search of the chain of title indicates the last known owners and their known heirs have 26 long-since passed away.1 (Ibid.) 27 1 28 Further information is contained in the Declaration of Jennifer Williams filed July 2, 2020. 1662607v1 2 BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT 1 C. Service By Publication 2 On or about July 6, 2020, the Court granted SBFCA’s application for an order to serve the 3 defendants by publication. (Williams Decl., p. 2, ¶ 4.) The publication of the summons began in 4 the Chico Enterprises-Record, a newspaper of general circulation in Butte County, for four 5 consecutive weeks on July 22, July 29, August 5, and August 12, 2020. (Ibid.) No responses to 6 the complaint were received within 30 days of the last publication, and default was entered on 7 September 23, 2020. (Ibid.) 8 IV. PROPOSED JUDGMENT 9 SBFCA now requests entry of a judgment condemning the property to SBFCA and 10 determining the amount of compensation to be paid as $2,300, the appraised value of the property. 11 (Id. at p. 2, ¶ 5.) 12 The funds will be deposited with the California State Treasury. SBFCA will submit proof DOWNEY BRAND LLP 13 of the deposit prior to seeking a final order of condemnation. 14 DATED: October 9, 2020 DOWNEY BRAND LLP 15 16 By: 17 JENNIFER L. WILLIAMS Attorneys for Plaintiff 18 SUTTER BUTTE FLOOD CONTROL AGENCY 19 20 21 22 23 24 25 26 27 28 1662607v1 3 BRIEF SUMMARY OF CASE IN SUPPORT OF REQUEST FOR COURT JUDGMENT