arrow left
arrow right
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
  • The State of California vs. The Crossing, LP14 Unlimited - Eminent Domain/Inverse Condemnation document preview
						
                                

Preview

Patrick J. Gorman (SBN 131138) FILED WILD, CARTER & TIPTON JAN 14 2021 A Professional Corporation 246 West Shaw Avenue FRESNO COUNTY SUPERIOR COURT Fresno, California 93704 y RECEIVED a DEPT, 501 Telephone: (559) 224-2131 1/13/2021 2:19 PM Facsimile: (559) 229-7295 FRESNO COUNTY SUPERIOR COURT E-mail: pgorman@wetlaw.com By: |. Herrera, Deputy Attorneys for Defendants, The Crossings, LP, a California limited partnership and Van-G Trucking, Inc., a California corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CENTRAL DIVISION 10 11 12 THE STATE OF CALIFORNIA, acting by ) Case Number 20CECG02179 13 and through the California High-Speed Rail ) g3 Authority, Parcels: FB-10-0421-1 gs FB-10-0421-2 ga Gig 14 Plaintiff, FB-10-0430-1 zs as 15 36 Vv. STIPULATION AND ORDER FOR BS LEAVE TO FILE AMENDED ANSWER 2°" 16 THE CROSSINGS, LP, a California TO COMPLAINT IN EMINENT limited partnership; CHICAGO TITLE DOMAIN 17 COMPANY, a California corporation; COMERCIA BANK, a Texas banking (Code Civ. Proc. §1250.320) 18 association; VAN-G TRUCKING, INC., a California corporation; DOES ONE Action filed: July 24, 2020 19 through TWENTY, inclusive, 20 Defendants. 21 22 23 24 RECITALS 25 On July 24, 2020, plaintiff, The State of California, acting by and through the 26 California High-Speed Rail Authority (“State of California”) filed its Complaint in Eminent 27 Domain in the above action. On September 24, 2020, defendants, The Crossings, LP and Van-G 28 Trucking, Inc. (“Defendants”) filed their Answer to the Complaint in Eminent Domain. No trial Stipulation and Order for Leave to file Amended Answer to Complaint in Eminent Domain date hasbeen set. Discovery following the filing of the answer has led to deferidants seeking to Amend.the Answer to the Complaint in Eminent Domain that was previously filed herein. IL. SEIPULATION i It is hereby stipulated-and agreed ‘by and between State'of California and Deferidants, through their respective attorneys of record, that Defendarits be permitted to file their Amended Answer to Complaint in Eminent Domain, a true and copy which is attached hereto as Exhibit “A” and incorporated by reference herein. 10 Dated: January l 2021 WILD, CARTER & TIPTON A Professional Corporation 1 a 12 13 PATRICK{ ORMAN se Attorneys for efendants The Crossings, LP, gx 14 a California Limited, Partnership and Van-G Otis 2, Inc., a Californa corporation. ae é 15 3d Be QB a" 16 Dated: January. 12, 2021 STATE OF CALIFORNIA, Acting by and i7 through thé California High Speed Rail Authority 18 19 By. “YUP LZ ! ‘ttorney for Plaintiff The 20 ‘Statevof California 21 UL. 22. 23 ORDER 24 Good: catise appeasin; ordered. 25 Dated: vid , 2021 JUDGE OF T! PERIOR COURT 26 27 28 2 Stipulation and: Order-for-Leave to-file Amended. Aniswer'to Complaint in: Eminent Domain Exhibit “A” Patrick J. Gorman (SBN 131138) WILD, CARTER & TIPTON A Professional Corporation 246 West Shaw Avenue Fresno, California 93704 Telephone: (559) 224-2131 Facsimile: (559) 229-7295 -mail: pgorman@wetlaw.com Attorneys for Defendants, The Crossings, LP, a California limited partnership and Van-G Trucking, Inc., a California corporation SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CENTRAL DIVISION 10 iL 12 THE STATE OF CALIFORNIA, acting Case Number 20CECG02179 and through the California High-Speed Rail ) 13 Authority, Parcels: FB-10-0421-1 ss FB-10-0421-2 BR } 14 Plaintiff, FB-10-0430-1 36 15 Vv. AMENDED ANSWER TO COMPLAINT IN EMINENT DOMAIN sz eg” 16 THE CROSSINGS, LP, a California limited partnership; CHICAGO TITLE (Code Civ. Proc. §1250.320) 17 COMPANY, a California corporation; COMERCIA BANK, a Texas Action filed: July 24, 2020 18 association; VAN-G TRUCKING, INC., a California corporation; DOES ONE 19 through TW) 'Y, inclusive, 20 Defendants. al 23 24 Defendants The Crossings, LP, a California limited partnership, and Van-G Trucking, Inc., a California corporation, for themselves alone and no other defendant, hereby 26 answer the Complaint in Eminent Domain and state as follows: 27 Mit 28 My Amended Answer to Complaint in Eminent Domain I ANSWER 1 Defendant, The Crossings, LP is the owner in fee simple absolute of that certain piece or parcel of land described in plaintiff's complaint and designated therein as parcels FB-10-0421-1, FB-10-0421-2 and FB-10-0430-1. Defendant, Van-G Trucking, Inc. is the lessee and in possession of said parcels. These answering defendants deny that any other person, firm, or corporation has or claims any valid right, title or interest in and to those parcels. 2 [Deleted.] 3 Defendants claim severance damages in the form of reduced fair market 10 value to the remainder property, owned by defendants, not being condemned by plaintiff. 11 I 12 AFFIRMATIVE DEFENSES 13 FIRST AFFIRMATIVE DEFENSE sR 14 (Conclusionary Pleading-Reservation of Rights) gis BE ae 15 4 The Complaint and each cause of action contained therein is stated in go 16 conclusionary terms and, therefore, Defendants cannot fully anticipateall of the affirmative 17 defenses that may be applicable to this action. Accordingly, Defendants reserve their right to add 18 additional affirmative defenses as may be appropriate. 19 mi 20 PRAYER 21 WHEREFORE, Defendants pray for relief as follows: 22 1 That plaintiff take nothing by its complaint against these answering 23 defendants; or 24 2 That the court determine and award the just compensation to which 25 defendants are entitled by virtue of the taking of the parcels described herein together with 26 severance damages to the remaining property; 27 3. For allowable litigation expenses and costs of suit incurred herein; and 28 4, For such other and further relief as the court may deem just and proper. 2 Amended Answer to Complaint in Eminent Domain 1 WILD, CARTER & TIPTON Dated: January , 2021 A Professional Corporation Y PATRICK J. GORMAN Attorneys for Defendants The Crossings, LP. a California Limited Partnership and Van- Trucking, Inc., a Californa corporation 10 11 12 Ey gig 22 Zz 13 14 Bs 15 go 16 17 18 19 20 21 23 25 26 27 28 3 Amended Answer to Complaint in Eminent Domain PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF FRESNO Iam ‘employed in the County of Fresno, ‘State of California. Iam.over the age of 18 and not a party to the within action; my business address is: 246 West Shaw Avenue, Fresno, Califortiia 93704. On January. 13, 2021, I served the: document(s) described as: STIPULATION AND ORDER FOR LEAVE TO FILE AMENDED ANSWER TO COMPLAINT IN-EMINENT DOMAIN on the interested ‘parties in this' action by placing a true:copy thereof enclosed in a sealed envelope-at: Fresno, California, addressed as follows: Yuping Lin, Deputy Attorney Hal D.. Goldflam,. Esq. California Department of Transportation FRANDZEL ROBINS CLOOM & 10 P.O, Box 24325 CSATO, L.C. Oakland, CA 94623 1000 Wilshire Blvd., Nineteenth Floor 11 ‘Los Angeles, CA 90017-2427 4 Yupling Jin@dotica.gou hgoldflam@frandzel.conmy 12 13 14 (BY MAIL) I am readily familiar with this business's practice for collection and processing of correspondence for, mailing, and that. correspondence, with postage 15 thereon fully prepaid, will be deposited with the U. S. Postal Service on the date hereinabove in the ordinary coursé of business, at Fresio, California. 16 (BY PERSONAL SERVICE) I caused such envelope to be delivered by hatid to 17 the: offices of the addressee(s). i8 v. (BY ELECTRONIC-MAIL ONLY) by attachitig a copy of the above-referenced document(s) .in PDF format sent-from landreoni@werawcon landreori(@wetlaw.com tothe email 19 address confirmed by’ the parties, pursuantto California Code of Civil Procedure §1010:6(€)(1), effective September 18, 2020, allowing for electronic service ofa 20 noticé or document that may be: serviced by-mail, express mail, overnight delivery, or facsimile transmission to the addressee(s), No hard copies will 21 follow. 22 (BY FACSIMILE) I caused the above-referenced:document(s) to: be faxed to the Offices of the addressee(s). 23 Executed on January 13, 2021,at Frestio, California. 24 (STATE) I declare under penalty of perjury: under the laws of the State of 25, California that the foregoing is true and correct. 26 (FEDERAL) I declate thatJ ani eniployed inthe office of a member of the bar of this court at whose: diréction the service: wa: ec. . 27 28 G A Ll a D.Andreoni