18-CIV-05455 CITY OF PACIFICA VS. MILLARD W. TONG, ET AL.

CITY OF PACIFICA MILLARD W. TONG
ALBERT TONG PRO/PER

MOTION FOR AN ORDER FOR PREJUDGMENT POSSESSION AND ORDER TO TAX COLLECTOR BY CITY OF PACIFICA TENTATIVE RULING:

Plaintiff CITY OF PACIFICA (“City”)’s unopposed Motion for an Order for Prejudgment Possession and Order to Tax Collector is GRANTED pursuant to Code Civ. Proc. §§1255.410(d)(1), 1255.460 and 1260.250.

The Court finds that the City is entitled to acquire a portion of the real property identified as San Mateo County Assessor Parcel Nos. 009-413-010 and 009-413-020, which are more accurately depicted in the legal description and map attached to the City’s Complaint filed in this action (“Property”), by eminent domain.

The City has deposited, pursuant to Article I of Chapter 6 of Title VII of the Code of Civil Procedure (commencing with Section 1255.010) an amount that satisfies the requirements of that article.

There is an overriding need for the City to possess the Property prior to the issuance of a final judgment in this matter, and the City will suffer a substantial hardship if its motion is denied or limited. This hardship outweighs any hardship on the Defendants that would be caused by granting the order for possession.

Accordingly, the Court orders that the City is authorized and empowered to enter upon, take possession and make use of the Property for the purposes and uses indicated in the Complaint on file herein, as of the tenth (10th) day following the date of service of this Order of Possession. Code Civ. Proc. §1255.450. Upon taking possession, the City is empowered to remove any persons, obstacles, improvements or structures of any kind or nature from the Property.

A copy of this Order shall be transmitted to the San Mateo County Tax Collector together with the legal description of the Property. The Tax Collector is hereby directed and ordered to certify to this Court the information required by Code Civ. Proc. §1260.250(c) for the Property.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.