On November 30, 2021 a
Motion-Secondary
was filed
involving a dispute between
A.D. Improvements, Inc.,
and
California Department Of Transportation,
Does 1 Through 10,
for Writ of Mandate Unlimited
in the District Court of San Bernardino County.
Preview
3 CS
SUPERIOR COURT OF CALIFORNIA
ERIN E, HOLBROOK, Chief Counsel COUNTY OF SAN BERNARDINO:
SAN BFERNAOMING DISTRICT
JERALD M. MONTOYA, Deputy Chief Counsel
STEVEN J. DADAIAN, Assistant Chief Counsel
ERICK L. SOLARES, Assistant Chief Counsel ARC Lo M22
JULIE DEL RIVO, Assistant Chief Counsel
HEIDI SKINNER, Assistant Chief Counsel
KIRSTEN R. BOWMAN, Assistant Chief Counsel » dpe ¢
100 South Main Street, Suite 1300 1E CERVANTES. DEPUTY
Los Angeles, California 90012-3702
Telephone: (213) 687-6000
Facsimile: (213) 687-8300
MARK A. BERKEBILE, Deputy Attorney, Bar Number 258327
CHRISTINE A. SAHAKIAN, Deputy Attorney, Bar Number 301199
Attorneys for Respondent, The California Department of Transportation
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN BERNARDINO
11
12 A.D. IMPROVEMENTS, INC. a California CASE NO. CIVSB2132716
13 corporation,
14 Petitioner. RESPONDENT’S OPPOSITION BRIEF
15
-VS-
16 [Filed concurrently with Declarations of Susan
Esparza, Carolyn Dabney, Raghuram
17 Radhakrishnan, Pamela Lemar, Robert
CALIFORNIA DEPARTMENT OF McKinnon, and David Murray in Support
18 TRANSPORTATION, a California public Thereof]
entity: and DOES | through 10,
19
20 Hearing:
Respondent. Date: January 19. 2023
21 Time: 10:00 a.m.
Dept.: $26
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24
25
26
27
28
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RESPONDENT'S OPPOSITION BRIEL
TABLE OF CONTENTS
Page
INTRODUCTION
I STATEMENT OF FACTS
IIL. APPLICABLE LAW
IV. LEGAL ARGUMENT. 10
Mandate Relief is not Available Because there is no Present Duty to Offer to Sell the
Subject Property to the Petitioner 10
Absent the Administrative Hold, the Conditions ofSection 118.1 are not Satisfied Because
10
the Subject Property is Residential Property Acquired for a Highway Project that was
11
Actually Constructed i
12
1 The Subject Property Does Not Meet the Commercial-Property Requirement of
13
Section 118.1 .cecsecsecssseessseesssescssecssseessseessuscsnseessssssssssuseessusssnesesssessuisesnessescssueessseece 12
14
15 The Subject Property was Acquired for a Freeway Project that was Constructed;
16 It Was Not Made Excess Due to an Abandoned Project 14
17 CONCLUSION 17
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27
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RESPONDENT'S OPPOSI TION BRIEF
Document Filed Date
December 19, 2022
Case Filing Date
November 30, 2021
Category
Writ of Mandate Unlimited
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