arrow left
arrow right
  • The State of California vs. RJ Farms LLC14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. RJ Farms LLC14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. RJ Farms LLC14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. RJ Farms LLC14 Unlimited - Eminent Domain/Inverse Condemnation document preview
						
                                

Preview

1 ERIN E. HOLBROOK, Chief Counsel (No Fee Pursuant To Gov. Code, § 6103) G. MICHAEL HARRINGTON, Deputy Chief Counsel 2 SAMUEL C. LAW, Assistant Chief Counsel JEFFREY A. WILCOX, Deputy Attorney (SBN 236390) 3 JOSE A. GONZALEZ, Deputy Attorney (SBN 248922) Caltrans Legal Division – Bay Area Legal Office, 111 Grand Avenue, Suite 11-100, 4 Oakland, CA 94612 Mail to: P.O. Box 24325, Oakland, CA 94623 5 Telephone: (510) 433-9100, Facsimile: (510) 433-9167 6 Attorneys for Plaintiff THE STATE OF CALIFORNIA acting by and through the High-Speed Rail Authority 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO RECEIVED VIA EFILE 10 11/12/2020 4:41 PM FRESNO COUNTY SUPERIOR COURT 11 By: J. Nelson, Deputy THE STATE OF CALIFORNIA, acting by and Case No. 20CECG02400 12 through the High-Speed Rail Authority, 13 Plaintiff, Parcel : FB-10-1319-2 14 v. 15 RJ FARMS LLC, a California Limited 16 Liability Company; RYAN MOORE, an [PROPOSED] ORDER FOR POSSESSION individual; MICHELLE MOORE, an 17 individual; JOHN YERGAT, an individual; (Code Civ. Proc. § 1255.410) MICHAEL PATTERSON, an individual, as 18 Trustee under deed of trust; CGB Hearing Date: February 10, 2021 AGRIFINANCIAL SERVICES, INC., a Hearing Time: 3:30pm 19 Kentucky corporation, as Beneficiary under Department: 502 deed of trust; U.S.BANK NATIONAL Judge: Hon. Rosemary 20 ASSOCIATION, a national banking McGuire association, as Custodian/Trustee for Federal Complaint Filed: August 17, 2020 21 Agricultural Mortgage Corporation Programs under deed of trust and Beneficiary under deed 22 of trust; and DOES ONE through FIFTY, inclusive, 23 Defendants. 24 25 IT APPEARING AND THE COURT DETERMINING that Plaintiff is entitled to 26 acquire Parcel FB-10-1319-2 by eminent domain and to take possession thereof; 27 /// 28 /// 1 [PROPOSED] ORDER FOR POSSESSION 1 IT FURTHER APPEARING AND THE COURT DETERMINING that defendant(s) 2 hardship(s) if the motion is granted are outweighed by the Plaintiff’s hardships if the motion is not 3 granted; 4 IT FURTHER APPEARING AND THE COURT DETERMINING that Plaintiff has 5 deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure 6 sections 1255.010 through 1255.080, inclusive; 7 IT FURTHER APPEARING AND THE COURT DETERMINING that there is an 8 overriding need for Plaintiff to have possession of Parcel FB-10-1319-2 prior to the issuance of final 9 judgment in this proceeding and that Plaintiff will suffer a substantial hardship if the application for 10 possession is denied or limited; and 11 IT FURTHER APPEARING AND THE COURT DETERMINING that the hardship 12 Plaintiff will suffer if possession is denied or limited outweighs any hardship on defendants or 13 occupants that would be caused by the granting of the order for possession; 14 NOW THEREFORE, IT IS HEREBY ORDERED, under section 1255.460 of the 15 Code of Civil Procedure, that Plaintiff is authorized and empowered to take possession and use of 16 Parcel FB-10-1319-2, more particularly described in Exhibit A of the operative Complaint, and to 17 remove from Parcel FB-10-1319-2 any and all persons, obstacles, improvements or structures of 18 every kind or nature situated on Parcel FB-10-1319-2 on the indicated date set forth below or on the 19 thirtieth (30th) day following the date of service of this order, whichever is later. 20 Parcel Number: Date Possession to be Taken: 21 FB-10-1319-2 March 10, 2021 22 23 24 IT IS SO ORDERED. 25 26 Date: __________________________ By: THE HON. ROSEMARY MCGUIRE 27 Judge of the Superior Court 28 2 [PROPOSED] ORDER FOR POSSESSION