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Case Information
Filed
2022-01-11
Status
Judgment
Type
14 Ed Eminent Domain/inverse Condemnation
Docket
24 entries
Disposition
Judgment
Parties
Plaintiff
The State Of California, Acting By And Through The High Speed Rail Authority
Defendant
Certis U.s.a., L.l.c., A Delaware Limited Liability Company
Lawyers
Docket Entries
- Comment Notice of Pendency of Action
- View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Comment Re: 3.110 Hearing Date: 04/28/2022 Hearing Time: 8:30 am Hearing Department/Division: J
- View Document Rejection/Correction Notice Comment TO: Brandon L. Reeves, Deputy Attorney RE: Summons REASON: does not conform to Complaint
- View Document Rejection/Correction Notice Comment re: Summons: Summons and Complaint must match word for word. Also please include the case number on the Summons
- Served 03/09/2022
- Comment as to Certis U.S.A. LLC a Delaware LLC, via electronic service
- Comment Answer to Complaint - $435.00 (Answers)
- View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Proof Of Service Filed
- View Document Ruling 07/06/2022 Hearing Time 08:30 AM Result Ruling
- View Document Notice of Assignment and OSC re CRC 3110 and CMC (N18C) Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Notice of Settlement Filed
- Comment Stipulation for Entry of Judgment
- View Document Order to Show Cause in re: Dismissal 09/01/2022 Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Result Held Comment Pursuant to 3.1385
- Judicial Officer Bradshaw, J. Eric Comment for Plaintiff to File Amendment and Supplement to Complaint in Eminent Domain based on the First Amended Resolution of Necessity No. 2021-0064, adopted on June 10, 2022.
- Comment Plaintiff, The State of California's Amendment and Supplement to Complaint in Eminent Domain
- Judicial Officer Bradshaw, J. Eric Comment Judgment in Condemnation IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: 1. The total sum to be paid to defendant CERTIS U.S.A., L.L.C. in this proceeding and for the acquisition of Parcels FB-15-0588-1, FB-15-0589-1, and FB-15-0592-1, more specifically described in Exhibit 1 attached hereto (collectively, "the Subject Property") is Twenty-One Thousand Dollars ($21,000.00) ("the Settlement Amount"). The Settlement Amount is inclusive of costs, attorney fees, and interest. Any interest that otherwise would be calculated pursuant to Code of Civil Procedure sections 1268.310-1268.360 has already been included in the settlement amount. The Settlement Amount shall be paid by two warrants as follows: a. The State Treasurer shall issue a warrant in the amount of One Thousand Nine Hundred Dollars ($1,900.00), equal to the amount previously deposited by Plaintiff in the state condemnation deposits fund, payable to and mailed to CERTIS U.S.A., L.L.C., 9145 Guilford Road, Suite 175, Columbia, MD, 21046; and b. Plaintiff shall issue a second warrant in the amount of Nineteen Thousand One Hundred Dollars ($19,100.00), representing the balance due to defendant, payable to and mailed to CERTIS U.S.A., L.L.C., 9145 Guilford Road, Suite 175, Columbia, MD, 21046. Within five (5) business days of receipt of the Settlement Amount, and as a condition to negotiating the same, defendant CERTIS U.S.A., L.L.C. shall execute and deliver to Plaintiff's counsel an Acknowledgement of Satisfaction of Judgment. Payment of the Settlement Amount shall be made within 60 days from the entry of this judgment. 2. Plaintiff will be permitted to take possession of the Subject Property immediately upon payment of the Settlement Amount, including to remove from the Subject Property any and all persons, obstacles, improvements or structures of every kind or nature. 3. The payment to of the Settlement Amount to defendant CERTIS U.S.A., L.L.C. shall be in full payment for defendant's claims of just compensation arising out of the condemnation of the Subject Property, including, without limitation, defendant's claims for the fair market value of the real and personal property taken, severance damages, cost to cure, loss of rents, loss of business goodwill, pre-condemnation damages, and all damages of every kind and nature suffered or to be suffered by reason of Plaintiff's acquisition of the Subject Property, and the construction and use of the project in the manner proposed. 4. Upon entry of this judgment and payment of the Settlement Amount to, or for the benefit of, defendant CERTIS U.S.A., L.L.C., the Subject Property, more specifically described in Exhibit 1 attached and incorporated herein, shall be condemned to Plaintiff and as against defendant CERTIS U.S.A., L.L.C. for high-speed train system purposes, in fee simple absolute, unless a lesser estate is described, and all interests of defendant CERTIS U.S.A., L.L.C. in and to these parcels shall be terminated. 5. The purpose for which the Subject Property is condemned is a public use authorized by law and the taking of these parcels is necessary for this use. 6. Plaintiff being entitled to take possession of the Subject Property upon payment of the Settlement Amount, all taxes, assessments, penalties and costs, which are a lien on said parcels and which are apportioned to that portion of the fiscal year after said date, are cancelled pursuant to Revenue and Taxation Code sections 5081 et seq.
- View Document Rejection/Correction Notice Comment Acknowledgment of Satisfaction; To be filed by Judgment Creditor, Correct Court Address; Judgment Debtor's name does not conform to the judgment
- Judicial Officer Bradshaw, J. Eric Hearing Time 8:30 AM Cancel Reason Judgment Entered Comment pursuant 3.1385; Cont'd from 09/01/22
- View Document Rejection/Correction Notice Comment Second Rejection; To be Filed by Judgment Creditor, Incorrect Court Address, Number 4, Debtor's name does not conform to the Judgment
- Judicial Officer Bradshaw, J. Eric Comment ***GRANTED 5. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Notice of Pendency of Proceeding recorded as Document No. 22201 8555 by the Kern County Assessor/Clerk- Recorder's office 0n February 3, 2022, is hereby withdrawn. Recordation of this Final Order of Condemnation and Release of Lis Pendens is made pursuant to Code of Civil Procedure section 405.50. IT IS SO ORDERED.
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Full Analytics Report
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- Related cases and filings
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