California Condemnation Law

Town of Apple Valley v. Apple Valley Rancho Water, et al.

San Bernardino, California condemnation lawyers represented the parties in an eminent domain action. The Town of Apple Valley (TAV) sought to condemn via eminent domain a private water utility system. In November 2015, TAV passed two resolutions of necessity (RON) to acquire the water system, which was then owned by Carlyle Infrastructures Partners and operated by Apple Valley Ranchos Wa... More...

$0 (01-15-2025 - CA)

United States of America v. Approximately $42,323.00 in U.S. Currency

Sacramento, California criminal defense lawyer represented the Defendant in a forfeiture action. WHEREAS, a Verified Complaint for Forfeiture In Rem was filed November 15, 2024, in the United States District Court for the Eastern District of California, alleging that the Approximately $42,323.00 in U.S. Currency ("Defendant Currencyâ€) is subject to forfeiture to the United States p... More...

$0 (12-20-2024 - CA)

Kimball-Griffith, L.P. v. Brenda Wren Burman, et al.

Los Angeles, California condemnation lawyer represented Plaintiff, who sued the United States on American on an inverse condemnation theory relating to 6.03 Acres of Land in the County of Santa Barbara, State of California, et al.... More...

$0 (10-18-2021 - CA)

United States of America v. 200.37 Acres of Land, More or Less, Situate in San Bernardino County, California, et al.

Riverside, California condemnation lawyer represented Defendant sued by Plaintiff on an eminent domain theory seeking to acquire 200.37 Acres of Land, More or Less, Situate in San Bernardino County, California. ... More...

$0 (10-20-2021 - CA)

Granny Purps, Inc. v. County of Santa Cruz

Santa Cruz County law enforcement officers seized more than 2,000 marijuana plants from a medical marijuana dispensary for violating a local ordinance restricting cannabis cultivation. When the dispensary sued to recover the marijuana, the county asserted it had no obligation to return the plants since the dispensary violated the ordinance. The trial court agreed and sustained the ... More...

$0 (08-06-2020 - CA)

Richard Paul Rutgard v. City of Los Angeles

California’s Eminent Domain Law (Code Civ. Proc., § 1230.010 et seq.) 1 —and, in particular, Code of Civil Procedure section 1245.245—provides that when “[p]roperty acquired by a public entity [through eminent domain] . . . is not used for [its intended] public use . . . within 10 years of adoption of the resolution of necessity [that authorized its taking],” the... More...

$0 (07-31-2020 - CA)

Stanford Vina Ranch Irrigation Company v. State of California

Stanford Vina Ranch Irrigation Company (Stanford Vina) sued the State Water Resources Control Board (the Board), among other defendants, challenging the Board’s issuance of certain temporary emergency regulations in 2014 and 2015, during the height of one of the most severe droughts in California’s history. The challenged regulations established minimum flow requirements on thr... More...

$0 (07-07-2020 - CA)

SLPR, LLC v. San Diego Unified Port District

<center><h1> 0em;"><a href="http://www.callmorelaw.com/" target="_new">MoreLaw Receptionists</a>VOIP Phone and Virtual Receptionist Services Call 918-582-6422 Today </h1></center> Plaintiffs SLPR, L.L.C. (SLPR), Ann Goodfellow, trustee of the survivor's trust of the Go... More...

$0 (05-25-2020 - CA)

Demetrius Crump v. The Superior Court of Los Angeles County, The People, Real Parties in Interest

This case has its origin in a leak of natural gas from a Southern California Gas Company (SoCalGas) storage facility in Aliso Canyon, adjacent to the residential community of Porter Ranch, that began on October 23, 2015. The gas leak continued for months, causing damage to thousands of residents of the area, and generated a great deal of litigation. In addition to civil lawsuit... More...

$0 (07-10-2019 - CA)

Thee Aguila, Inc. v. Century Law Group, LLP

<center><h1> <a href="http://www.callmorelaw.com" target="_new">MoreLaw Virtual Receptionists</a> Never Miss Another Call Don't Wait - Call 918-582-6422 Today! </h1> </center> Thee Aguila, Inc. appeals from a judgment entered in a lawsuit involv... More...

$0 (07-04-2019 - CA)

Tobias Kahan v. City of Richmond

Tobias Kahan purchased property in Richmond, California at a foreclosure sale. Shortly before the sale, the City of Richmond (City) had recorded a “special assessment” lien against the property for unpaid garbage collection fees, pursuant to a municipal ordinance. When Kahan later sold the property, he had to pay the delinquent garbage fees as well as administrative charges and... More...

$0 (05-26-2019 - CA)

Anthony Inzana v. Turlock Irrigation District Board of Directors

<center><a href="https://www.morelaw.com/add/attorney/" target="_new"><img width="600" src="https://www.morelaw.com/images/banners/subscription.gif" target="_new"></a></center> Irrigation District (TID) is an irrigation district formed and existing under the Irrigation District Law (Water Code, § 20500 et seq.),1 which grants irrigation 1 Undesignated statutory references are t... More...

$0 (05-16-2019 - CA)

Mary McFadden v. Los Angeles County Treasurer and Tax Collector

Mary McFadden, who has been adjudicated a vexatious litigant, appeals from a judgment and order entered after the trial court granted its own motion to strike under Code of Civil Procedure section 4361 and motion for judgment on the pleadings under section 438. We find that McFadden’s appeals have no merit and that they have been filed to harass the respondents; the appea... More...

$0 (05-02-2019 - CA)

Jacqueline Stennett etc. v. Danae Marie Miller

This case presents two issues: does the nonmarital biological child of an absentee father who never openly held her out as his own have standing under Code of Civil Procedure section 377.60 (section 377.60) to sue for his wrongful death if she failed to obtain a court order declaring paternity during his lifetime? 1 If she does not have standing, does section 377.60 violat... More...

$0 (04-13-2019 - CA)

Kenneth K. York v. City of Los Angeles

Kenneth and Annette York (plaintiffs) own a 40-acre parcel of land in the Hollywood Hills. In 2011, they sought approval from the City of Los Angeles (City) to build a large house, guest house, and recreational area on the property. To do so, they also sought approval of nearly 80,000 cubic yards of grading—more than 24 times the amount of grading permitted by right. The ... More...

$0 (04-06-2019 - CA)

Los Angeles County Metropolitan Transportation Authority v. Yum Yum Donut Shops, Inc.

<center> <h1> <a href="https://www.morelaw.com/lawyers/recent.asp" target="_new">MoreLaw Helps People Find Lawyers</a> </h1> </center> Plaintiff Los Angeles County Metropolitan Transportation Authority (MTA) sued defendant Yum Yum Donut Shops, Inc. (Yum Yum) in eminent domain ... More...

$0 (02-27-2019 - CA)

Loren Prout v. Department of Transportation

Loren Prout filed an inverse condemnation action, alleging Department of Transportation (Caltrans) violated the Fifth Amendment of the United States Constitution in 2010 by physically occupying without compensation a long, narrow strip of Prout’s land fronting State Highway 12, to make highway improvements. The land taken was a 1.31-acre strip, 20 feet wide and about 6,095 feet l... More...

$0 (01-13-2019 - CA)

Sara Hart v. Clear Recon Corp.

Following summary judgment against plaintiffs Sara and Guy Hart in this wrongful foreclosure action, defendant Nationstar Mortgage LLC obtained its attorney’s fees as prevailing party, based on a clause in the deed of trust. On appeal from the fee award, the Harts contend the clause in question is not an attorney’s fees provision. We agree and reverse. FACTUAL AND P... More...

$0 (09-22-2018 - CA)

Francis A. Bottini, Jr. v. City of San Diego

Office of the City Attorney, Mara W. Elliott, City Attorney, and Carmen A. Brock, Deputy City Attorney, for Defendants and Appellants. Francis A. Bottini, Jr., Nina M. Bottini, and the Bernate Ticino Trust dated March 9, 2009, Trust 3 (the Bottinis) applied to the City of San Diego for a coastal development permit (CDP) to construct a single-family home on a vacant lot in La Jolla.... More...

$0 (09-21-2018 - CA)

Melody Chacker v. JPMorgan Chase Bank. N.A.

Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of Parts II.A–II.B and Part II.D. Plaintiff and appellant Melody Chacker (plaintiff) refinanced a loan on her home and then failed to make required loan payments, which triggered non-judicial foreclosure proceedings. Plaintiff sued to stop t... More...

$0 (09-19-2018 - CA)

Suzanne J. Black v. City of Rancho Palos Verdes

The appellants (landowners) own eight lots in an area of Rancho Palos Verdes that is the subject of a 1978 building moratorium based on the resurgence of an ancient landslide.1 In the trial court, the landowners sought relief from the building moratorium and damages for inverse condemnation primarily on the basis of our opinion in Monks v. City of Rancho Palos Verdes (2008)... More...

$0 (09-10-2018 - CA)

Evan Weiss v. The People ex rel. Department of Transportation

Plaintiffs sued defendants People ex rel. Department of Transportation (CalTrans), and Orange County Transportation Authority (OCTA; collectively, Agencies), for inverse condemnation and nuisance. The complaint alleged a freeway sound wall the Agencies built directly across the freeway from Plaintiffs’ homes increased the noise and dust Plaintiffs experienced, interfered wit... More...

$0 (03-04-2018 - CA)

Communities For A Better Environment v. State Energy Resources Conservation and Development Commission

The State Energy Resources Conservation and Development Commission (Energy Commission) is the state agency exclusively empowered to license thermal power plants of over 50 megawatts capacity. (Pub. Resources Code, §§ 25120, 25500, 25517; see City of Sonoma v. State Energy Resources Conservation etc. Com. (1985) 40 Cal.3d 361, 364– 365 (Sonoma).)1 Indeed, pursuant to sectio... More...

$0 (01-20-2018 - CA)

Hossein Shahbazian v. City of Rancho Palos verdes

Governments speak. They also petition. And they act in ways that are neither speaking nor petitioning. It is important to distinguish between the three, because Code of Civil Procedure section 425.16 (section 425.16) may apply to the first two, but not the third. This case concerns whether the City of Rancho Palos Verdes properly issued a permit for a fence separating two<b... More...

$0 (11-25-2017 - CA)

Hossein Shahbazian v. City of Rancho Palos Verdes

Governments speak. They also petition. And they act in ways that are neither speaking nor petitioning. It is important to distinguish between the three, because Code of Civil Procedure section 425.16 (section 425.16) may apply to the first two, but not the third. This case concerns whether the City of Rancho Palos Verdes properly issued a permit for a fence separating two<b... More...

$0 (11-22-2017 - CA)

Dryden Oaks, LLC v. San Diego County Regional Airport Authority

In 2001, Michael Durkin used two limited liability companies—Dryden Oaks LLC and Durkin-CAC Lot 24, LLC—to purchase two lots directly adjacent to the McClellan Palomar Airport (Airport) in the City of Carlsbad, California (City). His development plans for the two lots were initially successful despite determinations by the San Diego County Regional Airport Authority (Authority)... More...

$0 (10-23-2017 - CA)

United States of America v. Ravneet Singh

San Diego, CA - Former Campaign Guru Ravneet Singh Sentenced for his Role in Laundering $600,000 in Foreign Money into 2012 San Diego Mayoral Election Political consultant Ravneet Singh, former CEO of ElectionMall Technologies, was sentenced on August 31, 2017 to 15 months in prison and ordered to pay a $10,000 fine for his role in funneling more than $600,000 in illegal foreign campaign... More...

$0 (08-31-2017 - CA)

Mercury Casualty Company v. City of Pasadena

In 2011, a storm brought hurricane-force winds to the City of Pasadena (City), uprooting more than 2,000 trees. One of those trees fell on the home of Sarah and Christopher Dusseault, causing severe property damage. Before it fell, the tree stood in a parkway that abuts the Dusseaults’ property. Although the City owned the tree, there is no record of who planted it. In 20... More...

$0 (08-25-2017 - CA)

Surfinder Foundation v. Martins Beach 1, LLC

Nestled in a cove, sheltered on the north and south by high cliffs, Martins Beach lacks lateral land access. 1 The only practical route to Martins Beach is down a road, known as Martins Beach Road, that leads from Highway 1 in San Mateo County to the beach. Appellants are two LLCs, Martins Beach 1, LLC and Martins Beach 2, LLC, that purchased Martins Beach and adjacent ... More...

$0 (08-14-2017 - CA)

Barbara Lynch v. California Coastal Commission

After winter storms damaged the seawall protecting their blufftop properties, homeowners sought a permit from the California Coastal Commission (Commission) to build a new seawall and repair their beach access stairway. The Commission granted the permit subject to several mitigation conditions. The owners filed an administrative mandate petition objecting to two conditions but ... More...

$0 (07-12-2017 - CA)

Save Mt. Diablo v. Contra Costa County

Real parties in interest Ronald and Shirley Nunn bought a large tract of agricultural property in Contra Costa County. The tract was recorded as a single parcel, but it actually consisted of four separated parts of unequal size. These parts were formed years before the Nunns bought the property when a local agency acquired through eminent domain two narrow strips of land crossing the property an... More...

$0 (10-13-2015 - CA)

Santa Clarita Org. for Planning etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).) The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s A... More...

$0 (09-23-2015 - CA)

Santa Clarita Organization etc. v. Abercrombie

Because we are reviewing the trial court’s grant of judgment on the pleadings, the facts set forth below are drawn from the operative petition and complaint, and other judicially noticed facts. (People ex rel. Harris v. Pac Anchor Transp., Inc. (2014) 59 Cal.4th 772, 777 (Pac Anchor).) The Agency is a legislatively created public agency. (Stats. 1986, ch. 832, § 5, p. 2843, Deering’s A... More...

$0 (09-11-2015 - CA)

Assn. for LA Deputy Sheriffs v. LA Times

According to appellants, the Los Angeles County Office of Public Safety (OPS) used to be a law enforcement agency separate from the Los Angeles County Sheriff’s Department (LASD). In 2010, the County decided to merge OPS into LASD. Apparently, OPS officers who wanted to work for LASD were required to complete application forms for LASD. LASD hired former OPS officers to work as deputy sheriff... More...

$0 (08-20-2015 - CA)

Colonies Partners v. Super. Ct

The November 2006 settlement agreement between County and Colonies, pursuant to which County paid Colonies $102 million, resolved a lawsuit brought by Colonies against County alleging that the County had taken 67 acres of Colonies’ land for use as part of a regional flood-control facility. That settlement was incorporated into a stipulated judgment, filed January 23, 2007. The County satis... More...

$0 (08-18-2015 - CA)

Coppinger v. Rawlins

Prior to October 1980, the property in question, consisting of 2.43 acres in Riverside County, California, was owned by John and Nancy Robinson. The property is situated at the intersection of Nance Street and Clark Street in an unincorporated portion of Riverside County. In October 1980, Robinson subdivided the property into Parcels 1 and 2, and dedicated Lots A through C, comprising thirty... More...

$0 (08-15-2015 - CA)

Cooper v. Takeda Pharmaceuticals

Takeda, a pharmaceutical company headquartered in Japan, manufactures pioglitazone, a prescription drug used to treat type 2 diabetes, marketed in the United States since 1999 under the brand name Actos®. In 2006, plaintiff Jack Cooper was prescribed Actos® to treat his type 2 diabetes. He took Actos® continuously until he was diagnosed with bladder cancer in November 2011. Jack and Nan... More...

$0 (08-13-2015 - CA)

Great Oaks Water Co. v. Santa Clara Valley Water Dist.

Prior to adoption of the District Act, the Santa Clara Valley was plagued by overdraft of the underlying groundwater basin, causing among other things the subsidence of land—with resulting disruption of roads and structures—and the intrusion of salt water into groundwater acquifers. A similar pattern marked much of the American settlement of California. Over the years the Legislature creat... More...

$0 (08-12-2015 - CA)

The People ex rel. California Department of Transporation v. Hansen's Truck Stop, Inc., et al.

In eminent domain actions, the law directs the parties to exchange formal settlement proposals prior to trial. (Code of Civ. Proc., Â§ 1250.410, subd. (a).)1 If, after trial, the property owner's statutory demand for compensation is found to be reasonable and the condemning agency's statutory offer unreasonable, then the property owner is entitled to recover litigation expenses. (Â§ 1250.410, ... More...

$0 (04-24-2015 - CA)

Linda Vista Village San Diego Homeowners Association, Inc. v. Tecolote Investors, LLC

This matter comes to us on a judgment of dismissal of a complaint for declaratory and other relief, brought by plaintiff and appellant Linda Vista Village San Diego Homeowners Association, Inc. (Appellant). Its members are sublessees of mobilehome park lots on a real property site (the park site) that is subject to a 1979 master lease between the landowner defendant and respondent, the City of San... More...

$0 (02-09-2015 - CA)