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1 Alan A. Sozio (SBN 186476) FILING FEE EXEMPT PURSUANT TO
E-mail: asozio@bwslaw.com GOVERNMENT CODE § 6103
2 BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
3 Los Angeles, CA 90071-2953
Tel: 213.236.0600 Fax: 213.236.2700
4
Attorneys for Plaintiff
5 ORANGE COUNTY FLOOD CONTROL
DISTRICT
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7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF RIVERSIDE, RIVERSIDE HISTORIC COURTHOUSE
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11 ORANGE COUNTY FLOOD CONTROL Case No.
DISTRICT,
12 COMPLAINT IN EMINENT DOMAIN
Plaintiff,
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v. Project Parcel No.: 32-009; APN 130-781-021
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MCCUNE REALTY INVESTMENT CO., Deemed verified pursuant to C.C.P. section 446
15 L.P. a California Limited Partnership;
RICHARD J. HOEKSEMA, Co-Trustee of
16 The Robert and Margaret Stanley
Charitable Remainder Trust;
17 ROBERT E. STANLEY, JR., Co-Trustee
of The Robert and Margaret Stanley
18 Charitable Remainder Trust;
RICHARD J. HOEKSEMA, Co-Trustee of
19 The Margaret E. Stanley Residuary Trust;
ROBERT E. STANLEY, JR., Co-Trustee
20 of The Margaret E. Stanley Residuary
Trust;
21 CHICAGO TITLE COMPANY,
BARBARA E. McCUNE, Trustee of the
22 Barbara E. McCune Trust, dtd 1981;
CARRIE ALTA SWANSON, Trustee;
23 ALL PERSONS UNKNOWN CLAIMING
ANY TITLE OR INTEREST IN OR TO
24 THE PROPERTY DESCRIBED HEREIN;
and DOES 1 through 100, inclusive,
25
Defendants.
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B URKE , W I LLI AMS &
S ORENS EN , LLP LA #4829-1127-5477 v2
ATTO RNEY S AT LAW
LOS A NG EL ES
COMPLAINT IN EMINENT DOMAIN
1 Plaintiff Orange County Flood Control District (the “District”) alleges as follows:
2 1. The District is a body corporate and politic of the State of California, organized
3 and existing under the Orange County Flood Control Act, Chapter 723 of the State of California
4 Statutes of 1927, as amended.
5 Power of Eminent Domain
6 2. The District does now have, and at all relevant times has had, authority to acquire
7 real property pursuant to, inter alia, Article 1, section 19 of the California Constitution; California
8 uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36-1 et
9 seq.; and California Code of Civil Procedure sections 1230.010 et seq., 1240.010, 1240.020,
10 1240.110, 1240.410, 1240.510, and 1240.610.
11 3. The property the District seeks to acquire through this eminent domain lawsuit is
12 located in Riverside County. The District is exercising its power of eminent domain
13 extraterritorially pursuant to, inter alia, Sections 2 and 16 of the Orange County Flood Control
14 Act; and Code of Civil Procedure section 1240.050.
15 Resolution of Necessity
16 4. The District has given proper, timely notice, pursuant to Code of Civil Procedure
17 section 1245.235, of a hearing of the District’s Board of Supervisors, duly and regularly convened
18 on December 14, 2021. At that hearing, the District, pursuant to Code of Civil Procedure sections
19 1245.210 and 1245.270, duly and regularly adopted, by a vote of not less than four-fifths of all its
20 members, a resolution entitled “Resolution of the Board of Supervisors of Orange County,
21 California, Acting as the Governing Board of the Orange County Flood Control District,
22 Determining the Necessity of Acquisition by Eminent Domain of Real Property” (“Resolution”).
23 5. Pursuant to the Resolution, the District declared that the acquisition of a permanent
24 flowage easement in the real property designated as Project Parcel Number 32-009 (“Property”),
25 which covers a portion of Riverside County Assessor’s Parcel Number 130-781-021 and is
26 legally described and depicted in Exhibits A and B attached hereto is necessary for the District’s
27 purposes, that the Property is to be acquired by the District, and that the District is authorized to
28 acquire the Property to allow for the construction of public improvements consisting of the
B URKE , W I LLI AMS & -1-
S ORENS EN , LLP LA #4829-1127-5477 v2
ATTO RNEY S AT LAW
LOS A NG EL ES
COMPLAINT IN EMINENT DOMAIN
1 District’s Santa Ana River Mainstem/Prado Dam Project and other incidental and required uses
2 including, but not limited to, flood control purposes (the “Project”). At the hearing on the
3 Resolution, the District further found and determined, and in the Resolution declared, that:
4 (a) The public interest and necessity require the Project;
5 (b) The Project is planned and located in the manner that will be most
6 compatible with the greatest public good and least private injury;
7 (c) Acquisition of the Property is necessary for the Project; and
8 (d) The offer required by Government Code section 7267.2 has been made to
9 the owner(s) of record.
10 More Necessary Public Use
11 6. To the extent the Property is already devoted to a public use, the District alleges in
12 the alternative:
13 (a) That the use for which the District is acquiring the Property is a compatible
14 use under Code of Civil Procedure section 1240.510; and
15 (b) The District’s use of the Property is a more necessary public use under
16 Code of Civil Procedure section 1240.610, which will not unreasonably
17 interfere with the continuance of the public use to which the Property may
18 already be devoted under the provisions of Code of Civil Procedure
19 section 1240.630(a).
20 The Parties
21 7. Each of the named defendants has occupied the Property, appears in the record as
22 claiming an interest in the Property, or is known by the District and/or believed by the District to
23 have or claim an interest in the Property described. For the convenience of the Court and parties,
24 and not as allegations to which the District intends to be bound, the District has set out opposite
25 each of the following named defendants a statement of the respective interest of such defendant in
26 the Property.
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B URKE , W I LLI AMS & -2-
S ORENS EN , LLP LA #4829-1127-5477 v2
ATTO RNEY S AT LAW
LOS A NG EL ES
COMPLAINT IN EMINENT DOMAIN
1
MCCUNE REALTY INVESTMENT CO., L.P Fee Simple Ownership
2
RICHARD J. HOEKSEMA Trustee
3
4 ROBERT E. STANLEY, JR. Trustee
5 CHICAGO TITLE COMPANY Trustee
6 BARBARA E. McCUNE Trustee
7
CARRIE ALTA SWANSON Trustee
8
9 8. Defendants DOES 1 to 100, inclusive, have or claim to have an interest in the
10 Property, the exact nature of which is unknown to the District. The true names or capacities,
11 whether individual, corporate, associate, or otherwise of defendants DOES 1 to 100, are unknown
12 to the District, who therefore sues said defendants by such fictitious names, and will ask leave to
13 amend this complaint to show their true names and capacities and state of incorporation when
14 same have been ascertained.
15 WHEREFORE, the District prays for judgment that:
16 1. The Property be condemned to the District;
17 2. That compensation be ascertained and assessed and the amount of the award for
18 the Property first be determined between the District and all defendants claiming an interest in the
19 Property;
20 3. All liens and encumbrances against the Property be deducted from said judgment;
21 and
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COMPLAINT IN EMINENT DOMAIN
1 4. The Court allow such other and further relief as may be deemed just and proper.
2
3 Dated: January 14, 2022 BURKE, WILLIAMS & SORENSEN, LLP
4
5 By:
Alan A. Sozio
6 Attorneys for Plaintiff
ORANGE COUNTY FLOOD CONTROL
7 DISTRICT
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EXHIBIT A
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EXHIBIT B
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COMPLAINT IN EMINENT DOMAIN
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1 Alan A. Sozio (SBN 186476) FILING FEE EXEMPT PURSUANT TO E-mail: asozio@bwslaw.com GOVERNMENT CODE § 6103 2 BURKE, WILLIAMS & SORENSEN, LLP 444 South Flower Street, Suite 2400 3 Los Angeles, CA 90071-2953 Tel: 213.236.0600 Fax: 213.236.2700 4 Attorneys for Plaintiff 5 ORANGE COUNTY FLOOD CONTROL DISTRICT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF RIVERSIDE, RIVERSIDE HISTORIC COURTHOUSE 10 11 ORANGE COUNTY FLOOD CONTROL Case No. DISTRICT, 12 COMPLAINT IN EMINENT DOMAIN Plaintiff, 13 v. Project Parcel No.: 32-009; APN 130-781-021 14 MCCUNE REALTY INVESTMENT CO., Deemed verified pursuant to C.C.P. section 446 15 L.P. a California Limited Partnership; RICHARD J. HOEKSEMA, Co-Trustee of 16 The Robert and Margaret Stanley Charitable Remainder Trust; 17 ROBERT E. STANLEY, JR., Co-Trustee of The Robert and Margaret Stanley 18 Charitable Remainder Trust; RICHARD J. HOEKSEMA, Co-Trustee of 19 The Margaret E. Stanley Residuary Trust; ROBERT E. STANLEY, JR., Co-Trustee 20 of The Margaret E. Stanley Residuary Trust; 21 CHICAGO TITLE COMPANY, BARBARA E. McCUNE, Trustee of the 22 Barbara E. McCune Trust, dtd 1981; CARRIE ALTA SWANSON, Trustee; 23 ALL PERSONS UNKNOWN CLAIMING ANY TITLE OR INTEREST IN OR TO 24 THE PROPERTY DESCRIBED HEREIN; and DOES 1 through 100, inclusive, 25 Defendants. 26 27 /// 28 /// B URKE , W I LLI AMS & S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN 1 Plaintiff Orange County Flood Control District (the “District”) alleges as follows: 2 1. The District is a body corporate and politic of the State of California, organized 3 and existing under the Orange County Flood Control Act, Chapter 723 of the State of California 4 Statutes of 1927, as amended. 5 Power of Eminent Domain 6 2. The District does now have, and at all relevant times has had, authority to acquire 7 real property pursuant to, inter alia, Article 1, section 19 of the California Constitution; California 8 uncodified Water Code, Act 5682, section 2, also referred to as Water Code App. Sections 36-1 et 9 seq.; and California Code of Civil Procedure sections 1230.010 et seq., 1240.010, 1240.020, 10 1240.110, 1240.410, 1240.510, and 1240.610. 11 3. The property the District seeks to acquire through this eminent domain lawsuit is 12 located in Riverside County. The District is exercising its power of eminent domain 13 extraterritorially pursuant to, inter alia, Sections 2 and 16 of the Orange County Flood Control 14 Act; and Code of Civil Procedure section 1240.050. 15 Resolution of Necessity 16 4. The District has given proper, timely notice, pursuant to Code of Civil Procedure 17 section 1245.235, of a hearing of the District’s Board of Supervisors, duly and regularly convened 18 on December 14, 2021. At that hearing, the District, pursuant to Code of Civil Procedure sections 19 1245.210 and 1245.270, duly and regularly adopted, by a vote of not less than four-fifths of all its 20 members, a resolution entitled “Resolution of the Board of Supervisors of Orange County, 21 California, Acting as the Governing Board of the Orange County Flood Control District, 22 Determining the Necessity of Acquisition by Eminent Domain of Real Property” (“Resolution”). 23 5. Pursuant to the Resolution, the District declared that the acquisition of a permanent 24 flowage easement in the real property designated as Project Parcel Number 32-009 (“Property”), 25 which covers a portion of Riverside County Assessor’s Parcel Number 130-781-021 and is 26 legally described and depicted in Exhibits A and B attached hereto is necessary for the District’s 27 purposes, that the Property is to be acquired by the District, and that the District is authorized to 28 acquire the Property to allow for the construction of public improvements consisting of the B URKE , W I LLI AMS & -1- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN 1 District’s Santa Ana River Mainstem/Prado Dam Project and other incidental and required uses 2 including, but not limited to, flood control purposes (the “Project”). At the hearing on the 3 Resolution, the District further found and determined, and in the Resolution declared, that: 4 (a) The public interest and necessity require the Project; 5 (b) The Project is planned and located in the manner that will be most 6 compatible with the greatest public good and least private injury; 7 (c) Acquisition of the Property is necessary for the Project; and 8 (d) The offer required by Government Code section 7267.2 has been made to 9 the owner(s) of record. 10 More Necessary Public Use 11 6. To the extent the Property is already devoted to a public use, the District alleges in 12 the alternative: 13 (a) That the use for which the District is acquiring the Property is a compatible 14 use under Code of Civil Procedure section 1240.510; and 15 (b) The District’s use of the Property is a more necessary public use under 16 Code of Civil Procedure section 1240.610, which will not unreasonably 17 interfere with the continuance of the public use to which the Property may 18 already be devoted under the provisions of Code of Civil Procedure 19 section 1240.630(a). 20 The Parties 21 7. Each of the named defendants has occupied the Property, appears in the record as 22 claiming an interest in the Property, or is known by the District and/or believed by the District to 23 have or claim an interest in the Property described. For the convenience of the Court and parties, 24 and not as allegations to which the District intends to be bound, the District has set out opposite 25 each of the following named defendants a statement of the respective interest of such defendant in 26 the Property. 27 /// 28 /// B URKE , W I LLI AMS & -2- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN 1 MCCUNE REALTY INVESTMENT CO., L.P Fee Simple Ownership 2 RICHARD J. HOEKSEMA Trustee 3 4 ROBERT E. STANLEY, JR. Trustee 5 CHICAGO TITLE COMPANY Trustee 6 BARBARA E. McCUNE Trustee 7 CARRIE ALTA SWANSON Trustee 8 9 8. Defendants DOES 1 to 100, inclusive, have or claim to have an interest in the 10 Property, the exact nature of which is unknown to the District. The true names or capacities, 11 whether individual, corporate, associate, or otherwise of defendants DOES 1 to 100, are unknown 12 to the District, who therefore sues said defendants by such fictitious names, and will ask leave to 13 amend this complaint to show their true names and capacities and state of incorporation when 14 same have been ascertained. 15 WHEREFORE, the District prays for judgment that: 16 1. The Property be condemned to the District; 17 2. That compensation be ascertained and assessed and the amount of the award for 18 the Property first be determined between the District and all defendants claiming an interest in the 19 Property; 20 3. All liens and encumbrances against the Property be deducted from said judgment; 21 and 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// B URKE , W I LLI AMS & -3- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN 1 4. The Court allow such other and further relief as may be deemed just and proper. 2 3 Dated: January 14, 2022 BURKE, WILLIAMS & SORENSEN, LLP 4 5 By: Alan A. Sozio 6 Attorneys for Plaintiff ORANGE COUNTY FLOOD CONTROL 7 DISTRICT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B URKE , W I LLI AMS & -4- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B URKE , W I LLI AMS & -5- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN EXHIBIT B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B URKE , W I LLI AMS & -6- S ORENS EN , LLP LA #4829-1127-5477 v2 ATTO RNEY S AT LAW LOS A NG EL ES COMPLAINT IN EMINENT DOMAIN