Case Number: BC593599 Hearing Date: May 09, 2016 Dept: 40

ALAMEDA CORRIDOR-EAST CONSTRUCTION AUTHORITY, on behalf of THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS v. LEONE MOORADIAN, et al.

MOTION FOR ORDER OF PREJUDGMENT POSSESSION AND CERTIFICATION OF TAX INFORMATION

Case No: BC593599
Hearing Date: May 9, 2016
Tentative Ruling: If Plaintiff shows proof of service of Casper C. Cohn, Mary Valz and Arturo Caceres, the Court will GRANT the motion. In the alternative, the Court will continue the present motion in order to serve the remaining Defendants so that they can have an opportunity to respond.
CCP § 1255.410 provides for a pre-judgment order of possession in an eminent domain action, based on a showing of the right to condemn the subject parcel and the deposit of an adequate compensatory sum. See CCP § 1255.410(a). CCP § 1225.410(d)(1) provides that if the motion is not opposed within 30 days of service on each defendant and occupant of the property, as here, the Court shall make an order for possession if the court finds: (A) the plaintiff is entitled to take the property by eminent domain; and (B) the plaintiff has deposited an adequate compensatory sum.

Service

ACE has provided the Court with proofs of service of the summons and complaint as to Defendants Leone Mooradian, A.M. Disposal, Southern California Edison Company, Verizon California Inc., and County of Los Angeles. Each of these defendants has been actively participating in this case.

ACE has not provided any proofs of service of this action as to Defendants Casper C. Cohn, Mary Valz, or Arturo P. Caceres. ACE filed an application for publication with respect to Defendant Casper C. Cohn, but this application was rejected.

The proofs of service attached to the moving papers indicate that they were only served on Defendants Leone Mooradian, A.M. Disposal, Southern California Edison Company, Verizon California Inc., and County of Los Angeles.

Right to Condemn

Here, ACE is a duly created joint powers authority and is authorized to acquire property for public uses pursuant to Article I, Section 19, of the California Constitution; Sections 37350.5, 40401 et seq., and 40404 of the California Government Code; Sections 1230.010 et seq. and 1240.350 of the California Code of Civil Procedure; and other applicable law. A portion of the Property is necessary to provide the safest design for construction of grade separation of the above-defined Project, a public use, with the remainder to be used for purposes of providing access to adjacent parcels also affected by the Project.

Accordingly, MTA has the right to condemn the Subject Property.

Deposit

On November 30, 2015, ACE deposited the sum of $1,714,320 with the Statue Treasury pursuant to CCP § 1255.010(a) as the total probable just compensation to be awarded to Defendants in this action.

ACE engaged qualified appraisers, who prepared written statements of their appraisal of all of the property interests being taken in this action. (See Declarations of Value of John Penner and Melvin Fineberg.) As set forth in the Declarations of Value by Messrs. Penner and Fineberg, the total sum of $1,714,320 is the total amount of probable just compensation to be awarded in this action for the taking. CCP § 1255.0 10(a). ACE deposited said amount with the State Treasurer on November 30, 2015, and provided notice to the parties and the Court regarding same. Sozio Decl. ¶ 2; see Notice of Deposit filed with the Court on December 4, 2015.

Conclusion

Other than the issues regarding service of this action and the present motion on Defendants Casper C. Cohn, Mary Valz, and Arturo P. Caceres, it appears that ACE has met the requirements to have the motion granted. Absent service on all defendants in this action, however, the Court will continue the present motion in order to allow the unserved defendants the opportunity to respond.