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
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12 THE STATE OF CALIFORNIA, acting by ) Case Number 20CECG02179
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and through the California High-Speed Rail )
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Authority, Parcels: FB-10-0421-1
gs FB-10-0421-2
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Gig 14 Plaintiff, FB-10-0430-1
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36 Vv. STIPULATION AND ORDER FOR
BS LEAVE TO FILE AMENDED ANSWER
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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.
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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
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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
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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.
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Dated: January. 12, 2021 STATE OF CALIFORNIA, Acting by and
i7 through thé California High Speed Rail
Authority
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By.
“YUP
LZ ! ‘ttorney for Plaintiff The
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‘Statevof California
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UL.
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23 ORDER
24 Good: catise appeasin; ordered.
25 Dated: vid , 2021
JUDGE OF T! PERIOR COURT
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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
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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
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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)
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4 The Complaint and each cause of action contained therein is stated in
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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
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4, For such other and further relief as the court may deem just and proper.
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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
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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
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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.
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(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).
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Executed on January 13, 2021,at Frestio, California.
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(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. .
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28 G A Ll a
D.Andreoni