Case Number: BC643172 Hearing Date: February 08, 2018 Dept: 47

City of Inglewood v. Sterik Inglewood, L.P., et al.

MOTION FOR PREJUDGMENT DISTRIBUTION OF FUNDS ON DEPOSIT

MOVING PARTY: Plaintiff City of Inglewood

RESPONDING PARTY(S): No opposition filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiff seeks to condemn portions of certain property in connection with a public project to connect LAX to the City’s regional activities such as Madison Square Garden Forum, the Hollywood Park Casino, the Hollywood Park Shopping district, and the new NFL stadium.

Plaintiff moves for an order for prejudgment distribution of funds on deposit.

TENTATIVE RULING:

Plaintiff City of Inglewood’s motion for prejudgment distribution of funds on deposit is GRANTED.

DISCUSSION:

The Court had previously instructed Plaintiff to submit supplemental briefing identifying authority for this motion ordering distribution of amounts on deposit to claimants. The normal procedure for distributing funds on deposit is for claimants to submit applications for withdrawal pursuant to CCP § 1255.210 et seq. Plaintiff failed to do so, instead re-filing the exact same motion on January 10, 2018.

Nonetheless, the Court has reconsidered its position and recognizes that Plaintiff had negotiated a settlement with the property owners who had filed limited disclaimers of interest which included a stipulated amount of just compensation. In this regard, the property owners have agreed to receive the amounts set forth in the proposed order by way of their limited disclaimers of interest.

On November 22, 2016, Plaintiff deposited $264,400 as the amount of probable compensation for the real property to be acquired by eminent domain in this action. See Notice of Deposit of Probable Compensation filed on February 28, 2017. That amount was supported by the Declarations of John P. Laurain and Beth Finestone, filed on February 28, 2017.

The total amount to be distributed to the individuals and entities pursuant to the order is $154,200, as set forth in Exhibit 1. This leaves $110,200 remaining on deposit, which is the amount Plaintiff City of Inglewood seeks to have returned to itself. Pursuant to the interlocutory judgment in condemnation entered on August 29, 2017, Defendants Alon Realty, LLC and Eurostart, Inc. dba WSS agreed to receive $150,000.00 each, which Plaintiff represents was paid from funds outside of the deposit made with the State Treasurer.

Based on the representations of Plaintiff that all interests entitled to just compensation have been accounted for, the Court finds that the proposed order of distribution of funds on deposition is proper and the motion for prejudgment distribution of funds on deposit is GRANTED.

Moving Party to give notice.

IT IS SO ORDERED.

Dated: February 8, 2018 ___________________________________

Randolph M. Hammock

Judge of the Superior Court