HomeMy WebLinkAbout600-030-018 DWGC1 - OPP (rec) 07-13-211
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
159/015610-0149
15272133.1 a07/13/20
-2-
STIPULATION RE ORDER AUTHORIZING PREJUDGMENT POSSESSION
2. Pursuant to Code of Civil Procedure Section 1255.410, et seq., the City filed a
Motion for an Order Authorizing Prejudgment Possession;
3. That DWCG1 filed a response to the Motion for an Order Authorizing Prejudgment
Possession disagreeing with the City’s assertions in its motion and supporting declarations. While
reserving all rights, DWCG1 does not oppose the City’s taking of possession; and
4. That the Order for Possession attached hereto as Exhibit A and incorporated herein
by this reference may be entered forthwith; and
5. That this Stipulation may be executed in counterparts.
Dated: July 13, 2020 RUTAN & TUCKER, LLP
DAVID B. COSGROVE
By:
David B. Cosgrove
Attorneys for Plaintiff
CITY OF LA QUINTA, a municipal
corporation
Dated: July 13, 2020 PALMIERI HENNESSEY LEIFER, LLP
By:
Erin B. Naderi
Attorneys for Defendant
DWCG1, LLC,
a California Limited Liability Company
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
2745/015610-0149
15271965.3 a07/13/20
-1-
ORDER AUTHORIZING PREJUDGMENT POSSESSION
EXEMPT FROM FILING FEES PURSUANT
TO GOVERNMENT CODE SECTION 6103 RUTAN & TUCKER, LLP
David B. Cosgrove (State Bar No. 115564)
dcosgrove@rutan.com
William H. Ihrke (State Bar No. 204063)
bihrke@rutan.com
611 Anton Boulevard, Suite 1400
Costa Mesa, California 92626-1931
Telephone: 714-641-5100
Facsimile: 714-546-9035
Attorneys for Plaintiff
CITY OF LA QUINTA, a municipal corporation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE
CITY OF LA QUINTA, a municipal
corporation,
Plaintiff,
vs.
DWCG1, LLC, a California Limited Liability
Company; THE DUNES BUSINESS PARK,
LLC, a limited liability company; ESF
CAPITAL, LLC, a limited liability company;
HIGHWAY 111 PARTNERS, LLC, a limited
liability company; IN-N-OUT BURGERS, a
California corporation; CHICAGO TITLE
COMPANY, a Texas banking association;
COMERICA BANK, a Texas banking
association; ALL PERSONS UNKNOWN
CLAIMING AN INTEREST IN THE
PROPERTY DESCRIBED HEREIN; and
DOES 1 through 50, inclusive,
Defendants.
Case No.: PSC 1909315
Assigned for all purposes to:
Hon. Kira L. Klatcho
REVISED [PROPOSED] ORDER
AUTHORIZING PREJUDGMENT
POSSESSION
[APN 600-030-018]
Hearing on Motion:
Date: July 16, 2020
Time: 8:30 a.m.
Dept.: PS1
Action Filed: 12/20/2019
Trial Date: None
EXHIBIT 1, p. 3
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
2745/015610-0149
15271965.3 a07/13/20
-2-
ORDER AUTHORIZING PREJUDGMENT POSSESSION
On consideration of the parties' Stipulation Re Order for Prejudgment Possession of certain
real property, which is located at the northeast corner of Dune Palms Road and Highway 111, La
Quinta, California, and consists of (1) permanent roadway and public utilities easement, more
specifically described in Exhibit 1 and depicted in Exhibit 2; (2) non-exclusive permanent slope
easement, more specifically described in Exhibit 3 and depicted in Exhibit 4; (3) temporary
construction easement, more specifically described in Exhibit 5 and depicted in Exhibit 6,
attached hereto and incorporated herein by reference (collectively, the “Property”) and the Court
having preliminarily determined that Plaintiff has deposited the amount of its determination the
probable just compensation to be awarded in the State Treasury under Code of Civil Procedure
sections 1255.010, et seq.; and that there is no opposition to the City of La Quinta's taking of
prejudgment possession by Defendant DWCG1, LLC; and that DWCG1, LLC has stipulated that
this order may be entered effective thirty (30) days after service of this order;
IT IS ORDERED, under Code of Civil Procedure section 1255.460, that Plaintiff City of
La Quinta shall be and hereby is authorized to take possession of the Property, and consistent with
the interests to be acquired to remove therefrom any and all persons, obstacles, improvements, or
structures of every kind or nature situated thereon, and to possess and use the Property according
to the interests sought to be condemned in the Complaint on file herein, on or after thirty (30) days
after service of this Order on the record owner.
Dated: , 2020
Hon. Kira L. Klatcho
Judge of the Superior Court
EXHIBIT 1, p. 4
EXHIBIT 1, p. 5
EXHIBIT 1, p. 6
EXHIBIT 1, p. 7
EXHIBIT 1, p. 8
EXHIBIT 1, p. 9
EXHIBIT 1, p. 10
EXHIBIT 1, p. 11
EXHIBIT 1, p. 12
EXHIBIT 1, p. 13