On August 17, 2020 a
Court Notice
was filed
involving a dispute between
The State Of California,
and
Cgb Agrifinancial Services, Inc.,
Moore, Michelle,
Moore, Ryan,
Patterson, Michael,
Rj Farms Llc,
U.S. Bank National Association,
Yergat, John,
for 14 Unlimited - Eminent Domain/Inverse Condemnation
in the District Court of Fresno County.
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
Document Filed Date
November 12, 2020
Case Filing Date
August 17, 2020
Category
14 Unlimited - Eminent Domain/Inverse Condemnation
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