On January 26, 2022 a
Stipulation Filed re: - TO WITHDRAWAL OF FUNDS ON DEPOSIT
was filed
involving a dispute between
City Of Rancho Cucamonga,
and
8889 Etiwanda Llc,
Any And All Persons Unkown Having Or Claiming To Have Any Title Or Interest In Or To The Property Sought To Be Condemned Herein,
Does 2 Through 100,
Eddie'S Trucking, Inc.,
First American Title Company,
Frontier California Inc,
Lighting P.M. Llc,
Southern California Edison Company,
for Eminent Domain/Inv Cond Unlimited
in the District Court of San Bernardino County.
Preview
NICHOLAS R. GHIRELLI (BAR NO. 292004)
CITY ATTORNEY
CITY OF RANCHO CUCAMONGA F l L E D
SUPERIOR cow o; «:AUFOHNIA
RICHARDS. WATSON & GERSHON COUNTV OF SAN R" 'R‘l»\F?C|NO
A Professional Co oration
REGINA N. DANN R (BAR NO. 137210) JAN 3 1 2024
rdannerQErwglawcom
CNNOKIIAU’NH
SAMANTHA B. MARCONI (BAR NO. 333282)
6
OI
smarconi@rwglaw.c0m ,l
_
o
350 South Grand Avenue. 37th Floor BY atnck B Vrmgun f‘wr-mv
Los Angeles. California 90071
Telephone: 213.626.8484
c» .‘o’
Facsmile: 213.626.0078 '5 «s
Attorneys for Plaintiff §§
CITY OF RANCHO CUCAMONGA é e
8.
SUPERIOR COURT OF THE STATE OF CALIFORNIA g
.g 03
‘3:
COUNTY OF SAN BERNARDINO g
CWT“
E 3
CITY OF RANCHO CUCAMONGA, a Case N0. CIVSB2201967
municipal corporation,
STIPULATION TO WITHDRAWAL OF
MSW
Rlannostnsou'aERsnon
A
Plaintiff, FUNDS ON DEPOSIT
LAW
v.
[Filed Concurrent] with (Proposed) Order
AV
ATTORNEYS
LIGHTNING P.M. LLC. A CALIFORNIA Authorizing With rawal of Funds on
LIMITED LIABILITY COMPANY; Deposit]
SOUTHERN CALIFORNIA EDISON
II COMPANY. A CALIFORNIA [APNs: 0229-291-17 and 0229-291-18]
NNNNNNNNNr—nu—v—lu—wp—‘flt—‘Hfl CORPORATION; SOUTHERN
CALIFORNIA GAS COMPANY. A Judge: Hon. Brian S. McCarVille
WQONUI#WNHO\O®\IOU1AUJNHO CALIFORNIA CORPORATION; Dept: S30
FRONTIER CALIFORNIA INC. A
CALIFORNIA CORPORATION: FIRST Action Filed: January 26, 2022
AMERICAN TITLE COMPANY. A
CALIFORNIA CORPORATION: 8889 [Exempt from filing fees pursuant to Govt. Code § 6103]
ETIWANDA LLC: A CALIFORNIA
LIMITED LIABILITY COMPANY; ANY
AND ALL PERSONS UNKNOWN
HAVING OR CLAIMING TO HAVE ANY
TITLE OR INTEREST IN OR TO THE
PROPERTY SOUGHT TO BE
CONDEMNED HEREIN; AND DOES 1
THROUGH 100, INCLUSIVE,
Defendant.
STIPULATION TO WITHDRAWAL OF FUNDS ON DEPOSIT
llZ3l-02760896419v] .doc
This Stipulation to Withdraw Funds 0n Deposit (“Stipulation") is entered into by and
between Plaintiff CITY OF RANCHO CUCAMONGA and Defendants LIGHTNING P.M.
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (collectively, "Parties”).
The panics hereto, stipulate as follows:
\OOONQKIIAUJN—a 1. Plaintiff City 0f Rancho Cucamonga ("Plaintiff‘ 0r “City") filed the First
Amended Complaint in Eminent Domain herein on June 6, 2022 (“FAC”), to acquire by
eminent domain. a 2,655 square foot temporary construction easement with a term of
eighteen (18) months, over portions of the real property located at 8889 Etiwanda Avenue
in the City of Rancho Cucamonga. and is further identified as San Bemardino Tax
Assessor’s Parcel Numbers 0229-291-17 and 0229-291 -1 8 (“Subject Property”) as more
particularly described in the FAC (“Original Property Interests“). After filing the FAC.
City determined the Project requires additional right-of-way from the Subject Property
CORPORAYDN
consisting of: (1) an extended duration 0f the 2.655 square foot temporary construction
MSW
easement 0f forty-eight (48) months. instead of eighteen (18) months; and (2) an additional
ICHARDSWATSON'GERSHON
\lONU‘I-hbJN—‘O
A p—n—Hp—tH#-
-
LAW
2.020 square foot temporary construction easement with a term of forty-eight (48) months
AV
ATTORNEYS
(collectively, "Subject Property Interests").
R
2. City is acquiring the Subject Property Interests for a public use, namely in
ll ._. 00 connection with the Etiwanda Grade Separation Project, for grade separation and related
purposes, and all uses necessary and convenient thereto. in the City 0f Rancho Cucamonga
("Project”).
3. Defendant Lightning P.M. LLC. a California limited liability company
(“Lightning") is the owner 0f the fee simple interest in and t0 the Subject Property of which
NNNNNNNNND—
the Subject Property Interests are a part.
WNOU‘IAUJNHOO
3. Lightning and Defendant Doe 1
— Eddie’s Trucking, Inc. (“Eddie’s
Trucking”), the sole tenant operating on the Subject Property, entered into a Stipulation t0
Interlocutory Judgment in Condemnation in this action.
4. The Parties have agreed to stipulate to the withdrawal of the funds deposited
in this action with the State Treasurer’s Office.
-2-
STIPULATION T0 WITHDRAWAL 0F FUNDS 0N DEPOSIT
1123 ~0276\289641 9v] .doc
l
Document Filed Date
January 31, 2024
Case Filing Date
January 26, 2022
Category
Eminent Domain/Inv Cond Unlimited
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NICHOLAS R. GHIRELLI (BAR NO. 292004) CITY ATTORNEY CITY OF RANCHO CUCAMONGA F l L E D SUPERIOR cow o; «:AUFOHNIA RICHARDS. WATSON & GERSHON COUNTV OF SAN R" 'R‘l»\F?C|NO A Professional Co oration REGINA N. DANN R (BAR NO. 137210) JAN 3 1 2024 rdannerQErwglawcom CNNOKIIAU’NH SAMANTHA B. MARCONI (BAR NO. 333282) 6 OI smarconi@rwglaw.c0m ,l _ o 350 South Grand Avenue. 37th Floor BY atnck B Vrmgun f‘wr-mv Los Angeles. California 90071 Telephone: 213.626.8484 c» .‘o’ Facsmile: 213.626.0078 '5 «s Attorneys for Plaintiff §§ CITY OF RANCHO CUCAMONGA é e 8. SUPERIOR COURT OF THE STATE OF CALIFORNIA g .g 03 ‘3: COUNTY OF SAN BERNARDINO g CWT“ E 3 CITY OF RANCHO CUCAMONGA, a Case N0. CIVSB2201967 municipal corporation, STIPULATION TO WITHDRAWAL OF MSW Rlannostnsou'aERsnon A Plaintiff, FUNDS ON DEPOSIT LAW v. [Filed Concurrent] with (Proposed) Order AV ATTORNEYS LIGHTNING P.M. LLC. A CALIFORNIA Authorizing With rawal of Funds on LIMITED LIABILITY COMPANY; Deposit] SOUTHERN CALIFORNIA EDISON II COMPANY. A CALIFORNIA [APNs: 0229-291-17 and 0229-291-18] NNNNNNNNNr—nu—v—lu—wp—‘flt—‘Hfl CORPORATION; SOUTHERN CALIFORNIA GAS COMPANY. A Judge: Hon. Brian S. McCarVille WQONUI#WNHO\O®\IOU1AUJNHO CALIFORNIA CORPORATION; Dept: S30 FRONTIER CALIFORNIA INC. A CALIFORNIA CORPORATION: FIRST Action Filed: January 26, 2022 AMERICAN TITLE COMPANY. A CALIFORNIA CORPORATION: 8889 [Exempt from filing fees pursuant to Govt. Code § 6103] ETIWANDA LLC: A CALIFORNIA LIMITED LIABILITY COMPANY; ANY AND ALL PERSONS UNKNOWN HAVING OR CLAIMING TO HAVE ANY TITLE OR INTEREST IN OR TO THE PROPERTY SOUGHT TO BE CONDEMNED HEREIN; AND DOES 1 THROUGH 100, INCLUSIVE, Defendant. STIPULATION TO WITHDRAWAL OF FUNDS ON DEPOSIT llZ3l-02760896419v] .doc This Stipulation to Withdraw Funds 0n Deposit (“Stipulation") is entered into by and between Plaintiff CITY OF RANCHO CUCAMONGA and Defendants LIGHTNING P.M. LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (collectively, "Parties”). The panics hereto, stipulate as follows: \OOONQKIIAUJN—a 1. Plaintiff City 0f Rancho Cucamonga ("Plaintiff‘ 0r “City") filed the First Amended Complaint in Eminent Domain herein on June 6, 2022 (“FAC”), to acquire by eminent domain. a 2,655 square foot temporary construction easement with a term of eighteen (18) months, over portions of the real property located at 8889 Etiwanda Avenue in the City of Rancho Cucamonga. and is further identified as San Bemardino Tax Assessor’s Parcel Numbers 0229-291-17 and 0229-291 -1 8 (“Subject Property”) as more particularly described in the FAC (“Original Property Interests“). After filing the FAC. City determined the Project requires additional right-of-way from the Subject Property CORPORAYDN consisting of: (1) an extended duration 0f the 2.655 square foot temporary construction MSW easement 0f forty-eight (48) months. instead of eighteen (18) months; and (2) an additional ICHARDSWATSON'GERSHON \lONU‘I-hbJN—‘O A p—n—Hp—tH#- - LAW 2.020 square foot temporary construction easement with a term of forty-eight (48) months AV ATTORNEYS (collectively, "Subject Property Interests"). R 2. City is acquiring the Subject Property Interests for a public use, namely in ll ._. 00 connection with the Etiwanda Grade Separation Project, for grade separation and related purposes, and all uses necessary and convenient thereto. in the City 0f Rancho Cucamonga ("Project”). 3. Defendant Lightning P.M. LLC. a California limited liability company (“Lightning") is the owner 0f the fee simple interest in and t0 the Subject Property of which NNNNNNNNND— the Subject Property Interests are a part. WNOU‘IAUJNHOO 3. Lightning and Defendant Doe 1 — Eddie’s Trucking, Inc. (“Eddie’s Trucking”), the sole tenant operating on the Subject Property, entered into a Stipulation t0 Interlocutory Judgment in Condemnation in this action. 4. The Parties have agreed to stipulate to the withdrawal of the funds deposited in this action with the State Treasurer’s Office. -2- STIPULATION T0 WITHDRAWAL 0F FUNDS 0N DEPOSIT 1123 ~0276\289641 9v] .doc l