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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
4 111 Grand Avenue, Suite 11-100, Oakland, CA 94612
Mail to: PO Box 24325, Oakland, CA 94623
5 Telephone: (510) 433-9100, Facsimile: (510) 433-9167
6 Attorneys for Plaintiff THE STATE OF CALIFORNIA RECEIVED
acting by and through the High-Speed Rail Authority 1/8/2021 3:11 PM
FRESNO COUNTY SUPERIOR COURT
7 By: A. Ramos, Deputy
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF FRESNO
10
11
THE STATE OF CALIFORNIA, acting by and Case No. 20CECG02334
12 through the High-Speed Rail Authority,
13 Plaintiff, Parcel: FB-10-1481-1
14 v.
15
GLENN ESKELSEN, as Surviving Joint [PROPOSED] ORDER FOR POSSESSION
16 Tenant; LINDA AVEDISIAN, Trustee of the
Keith H. Avedisian Bypass Trust dated (Code Civ. Proc. § 1255.410)
17 November 13, 2006; and DOES ONE through
FIFTY, inclusive, Hearing Date: February 25, 2021
18 Hearing Time: 3:30p.m.
Defendants. Department: 502
19 Judge: Hon. Rosemary
McGuire
20 Complaint Filed: August 10, 2020
21
IT APPEARING AND THE COURT DETERMINING that Plaintiff is entitled to
22
acquire Parcel FB-10-1481-1 by eminent domain and to take possession thereof;
23
IT FURTHER APPEARING AND THE COURT DETERMINING defendant(s)
24
hardships if the motion is granted are outweighed by the Plaintiff’s hardships if the motion is not
25
granted.
26
///
27
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28
1
[PROPOSED] ORDER FOR POSSESSION
1 IT FURTHER APPEARING AND THE COURT DETERMINING that Plaintiff has
2 deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure
3 sections 1255.010 through 1255.080, inclusive;
4 IT FURTHER APPEARING AND THE COURT DETERMINING that there is an
5 overriding need for Plaintiff to have possession of Parcel FB-10-1481-1 prior to the issuance of final
6 judgment in this proceeding and that Plaintiff will suffer a substantial hardship if the application for
7 possession is denied or limited; and
8 IT FURTHER APPEARING AND THE COURT DETERMINING that the hardship
9 Plaintiff will suffer if possession is denied or limited outweighs any hardship on defendants or
10 occupants that would be caused by the granting of the order for possession;
11 NOW THEREFORE, IT IS HEREBY ORDERED, under section 1255.460 of the
12 Code of Civil Procedure, that Plaintiff is authorized and empowered to take possession and use of
13 Parcel FB-10-1481-1, more particularly described in Exhibit A of the operative Complaint, and to
14 remove from Parcel FB-10-1481-1 any and all persons, obstacles, improvements or structures of
15 every kind or nature situated on Parcel FB-10-1481-1 on the indicated date set forth below or on the
16 thirtieth (30th) day following the date of service of this order, whichever is later.
17 Parcel Number: Date Possession to be Taken:
18 FB-10-1481-1 February 25, 2021
19
20
21 IT IS SO ORDERED.
22
23 Date: __________________________ By:
THE HON. ROSEMARY MCGUIRE
24 Judge of the Superior Court
25
26
27
28
2
[PROPOSED] ORDER FOR POSSESSION
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
4 111 Grand Avenue, Suite 11-100, Oakland, CA 94612
Mail to: PO 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
10
11
THE STATE OF CALIFORNIA, acting by and Case No. 20CECG02334
12 through the High-Speed Rail Authority,
13 Plaintiff, Parcel: FB-10-1481-1
14 v.
15
GLENN ESKELSEN, as Surviving Joint [PROPOSED] ORDER FOR POSSESSION
16 Tenant; LINDA AVEDISIAN, Trustee of the
Keith H. Avedisian Bypass Trust dated (Code Civ. Proc. § 1255.410)
17 November 13, 2006; and DOES ONE through
FIFTY, inclusive, Hearing Date: February 25, 2021
18 Hearing Time: 3:30p.m.
Defendants. Department: 502
19 Judge: Hon. Rosemary
McGuire
20 Complaint Filed: August 10, 2020
21
IT APPEARING AND THE COURT DETERMINING that Plaintiff is entitled to
22
acquire Parcel FB-10-1481-1 by eminent domain and to take possession thereof;
23
IT FURTHER APPEARING AND THE COURT DETERMINING defendant(s)
24
hardships if the motion is granted are outweighed by the Plaintiff’s hardships if the motion is not
25
granted.
26
///
27
///
28
1
[PROPOSED] ORDER FOR POSSESSION
1 IT FURTHER APPEARING AND THE COURT DETERMINING that Plaintiff has
2 deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure
3 sections 1255.010 through 1255.080, inclusive;
4 IT FURTHER APPEARING AND THE COURT DETERMINING that there is an
5 overriding need for Plaintiff to have possession of Parcel FB-10-1481-1 prior to the issuance of final
6 judgment in this proceeding and that Plaintiff will suffer a substantial hardship if the application for
7 possession is denied or limited; and
8 IT FURTHER APPEARING AND THE COURT DETERMINING that the hardship
9 Plaintiff will suffer if possession is denied or limited outweighs any hardship on defendants or
10 occupants that would be caused by the granting of the order for possession;
11 NOW THEREFORE, IT IS HEREBY ORDERED, under section 1255.460 of the
12 Code of Civil Procedure, that Plaintiff is authorized and empowered to take possession and use of
13 Parcel FB-10-1481-1, more particularly described in Exhibit A of the operative Complaint, and to
14 remove from Parcel FB-10-1481-1 any and all persons, obstacles, improvements or structures of
15 every kind or nature situated on Parcel FB-10-1481-1 on the indicated date set forth below or on the
16 thirtieth (30th) day following the date of service of this order, whichever is later.
17 Parcel Number: Date Possession to be Taken:
18 FB-10-1481-1 February 25, 2021
19
20
21 IT IS SO ORDERED.
22
23 Date: __________________________ By:
THE HON. ROSEMARY MCGUIRE
24 Judge of the Superior Court
25
26
27
28
2
[PROPOSED] ORDER FOR POSSESSION
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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 4 111 Grand Avenue, Suite 11-100, Oakland, CA 94612 Mail to: PO Box 24325, Oakland, CA 94623 5 Telephone: (510) 433-9100, Facsimile: (510) 433-9167 6 Attorneys for Plaintiff THE STATE OF CALIFORNIA RECEIVED acting by and through the High-Speed Rail Authority 1/8/2021 3:11 PM FRESNO COUNTY SUPERIOR COURT 7 By: A. Ramos, Deputy 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF FRESNO 10 11 THE STATE OF CALIFORNIA, acting by and Case No. 20CECG02334 12 through the High-Speed Rail Authority, 13 Plaintiff, Parcel: FB-10-1481-1 14 v. 15 GLENN ESKELSEN, as Surviving Joint [PROPOSED] ORDER FOR POSSESSION 16 Tenant; LINDA AVEDISIAN, Trustee of the Keith H. Avedisian Bypass Trust dated (Code Civ. Proc. § 1255.410) 17 November 13, 2006; and DOES ONE through FIFTY, inclusive, Hearing Date: February 25, 2021 18 Hearing Time: 3:30p.m. Defendants. Department: 502 19 Judge: Hon. Rosemary McGuire 20 Complaint Filed: August 10, 2020 21 IT APPEARING AND THE COURT DETERMINING that Plaintiff is entitled to 22 acquire Parcel FB-10-1481-1 by eminent domain and to take possession thereof; 23 IT FURTHER APPEARING AND THE COURT DETERMINING defendant(s) 24 hardships if the motion is granted are outweighed by the Plaintiff’s hardships if the motion is not 25 granted. 26 /// 27 /// 28 1 [PROPOSED] ORDER FOR POSSESSION 1 IT FURTHER APPEARING AND THE COURT DETERMINING that Plaintiff has 2 deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure 3 sections 1255.010 through 1255.080, inclusive; 4 IT FURTHER APPEARING AND THE COURT DETERMINING that there is an 5 overriding need for Plaintiff to have possession of Parcel FB-10-1481-1 prior to the issuance of final 6 judgment in this proceeding and that Plaintiff will suffer a substantial hardship if the application for 7 possession is denied or limited; and 8 IT FURTHER APPEARING AND THE COURT DETERMINING that the hardship 9 Plaintiff will suffer if possession is denied or limited outweighs any hardship on defendants or 10 occupants that would be caused by the granting of the order for possession; 11 NOW THEREFORE, IT IS HEREBY ORDERED, under section 1255.460 of the 12 Code of Civil Procedure, that Plaintiff is authorized and empowered to take possession and use of 13 Parcel FB-10-1481-1, more particularly described in Exhibit A of the operative Complaint, and to 14 remove from Parcel FB-10-1481-1 any and all persons, obstacles, improvements or structures of 15 every kind or nature situated on Parcel FB-10-1481-1 on the indicated date set forth below or on the 16 thirtieth (30th) day following the date of service of this order, whichever is later. 17 Parcel Number: Date Possession to be Taken: 18 FB-10-1481-1 February 25, 2021 19 20 21 IT IS SO ORDERED. 22 23 Date: __________________________ By: THE HON. ROSEMARY MCGUIRE 24 Judge of the Superior Court 25 26 27 28 2 [PROPOSED] ORDER FOR POSSESSION 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 4 111 Grand Avenue, Suite 11-100, Oakland, CA 94612 Mail to: PO 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 10 11 THE STATE OF CALIFORNIA, acting by and Case No. 20CECG02334 12 through the High-Speed Rail Authority, 13 Plaintiff, Parcel: FB-10-1481-1 14 v. 15 GLENN ESKELSEN, as Surviving Joint [PROPOSED] ORDER FOR POSSESSION 16 Tenant; LINDA AVEDISIAN, Trustee of the Keith H. Avedisian Bypass Trust dated (Code Civ. Proc. § 1255.410) 17 November 13, 2006; and DOES ONE through FIFTY, inclusive, Hearing Date: February 25, 2021 18 Hearing Time: 3:30p.m. Defendants. Department: 502 19 Judge: Hon. Rosemary McGuire 20 Complaint Filed: August 10, 2020 21 IT APPEARING AND THE COURT DETERMINING that Plaintiff is entitled to 22 acquire Parcel FB-10-1481-1 by eminent domain and to take possession thereof; 23 IT FURTHER APPEARING AND THE COURT DETERMINING defendant(s) 24 hardships if the motion is granted are outweighed by the Plaintiff’s hardships if the motion is not 25 granted. 26 /// 27 /// 28 1 [PROPOSED] ORDER FOR POSSESSION 1 IT FURTHER APPEARING AND THE COURT DETERMINING that Plaintiff has 2 deposited in the State Treasury an amount that satisfies the requirements of Code of Civil Procedure 3 sections 1255.010 through 1255.080, inclusive; 4 IT FURTHER APPEARING AND THE COURT DETERMINING that there is an 5 overriding need for Plaintiff to have possession of Parcel FB-10-1481-1 prior to the issuance of final 6 judgment in this proceeding and that Plaintiff will suffer a substantial hardship if the application for 7 possession is denied or limited; and 8 IT FURTHER APPEARING AND THE COURT DETERMINING that the hardship 9 Plaintiff will suffer if possession is denied or limited outweighs any hardship on defendants or 10 occupants that would be caused by the granting of the order for possession; 11 NOW THEREFORE, IT IS HEREBY ORDERED, under section 1255.460 of the 12 Code of Civil Procedure, that Plaintiff is authorized and empowered to take possession and use of 13 Parcel FB-10-1481-1, more particularly described in Exhibit A of the operative Complaint, and to 14 remove from Parcel FB-10-1481-1 any and all persons, obstacles, improvements or structures of 15 every kind or nature situated on Parcel FB-10-1481-1 on the indicated date set forth below or on the 16 thirtieth (30th) day following the date of service of this order, whichever is later. 17 Parcel Number: Date Possession to be Taken: 18 FB-10-1481-1 February 25, 2021 19 20 21 IT IS SO ORDERED. 22 23 Date: __________________________ By: THE HON. ROSEMARY MCGUIRE 24 Judge of the Superior Court 25 26 27 28 2 [PROPOSED] ORDER FOR POSSESSION