HomeMy WebLinkAboutHERNANDEZ, MARIE G. HINOJOSAIV
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ELECTRONICALLY RECEIVED
Superior Court of California,
County of Orange
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Clerk of the Superior court
By Diana A Norman, Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
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COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
CITY OF SANTA ANA,
Plaintiff,
VS.
MARIE G. HINOJOSA, et al,
Defendants.
Case No.: Case No.: 30-2013-00640495
ASSIGNED FOR ALL PURPOSES TO:
JUDGE FREDERICK P. AGUIRRE
DEPT. C23
Date Action Filed: March 28, 2013
[Prhp" JUDGMENT IN
CONDEMNATION
[Code of Civil Procedure §1.235.1301
A.P.NO:
398-385-05
ADDRESS:
1221 East Street
Santa Ana, CA 92701
WHEREAS Plaintiff CITY OF SANTA ANA (hereinafter "City") and Defendants,
ANGELINA SALGADO, LYDIA AUDETTE, ALFONSO HERNANDEZ, ZEKE
HERNANDEZ, GREGORY HERNANDEZ, and GILBERT HERNANDEZ (collectively,
Defendants") having previously stipulated to the facts, terms and conditions set forth herein, and
having requested the Court to make and enter its proposed Judgment in Condemnation consistent
with said stipulation with respect to the real property or interests in real property located at 1221
East 3' Street, Santa Ana, CA 92701 (A.P.N. No. 398-385-05) and more particularly described in
Exhibit "I" which is incorporated as part of the Final Judgment ("Subject Property").
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JUDGMENT IN CONDEMNATION
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The following defendants have filed a Disclaimer of Interest, have had Defaults taken
and/or have been Dismissed from the case as follows:
Internal Revenue Service
Disclaimer
State of California Board of NRtiIization
Disclaimer
Robertson's
Disclaimer
Kern C2Lm D artment of Child Support Services
Disclaimer
Orange County and Orange County Department of Child
Su ort Services
Disclaimer
San Bernardino County Department of Child Support Services
Disclaimer
Sterling Casualty Insurance Company
Disclaimer
County of Los Angeles Child Support Services Department
Disclaimer
State Farm Mutual Automobile Club
Default
North Star Capital
Default
Interinsurance Exchange of the Automobile Club
Default
State of California Franchise Tax Board
Default
State of California Employment Development
Default
American Express Centurion Services Corporation
Default
Riverside County Child Support Services - -
Default
Capital One Bank
Default
Marie G. Hino'osa
Dismissed
Irene Mejia
Dismissed
7 Day Tire
Dismissed
The parties to this Stipulated Judgment know of no other individuals or entities which
claim an interest in or to the Subject Property other than those identified above.
NOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
AS FOLLOW:
1. Terms of Settlement
A. The total sum paid for the acquisition of the real property to Defendants,
owners of the real property located at 1221 E. 3rd Street. Santa Ana, CA 92701 (A.P.N. No. 398-
385-05), is the sum of One Million, One Hundred and Fifteen Thousand ($1,115,000.00).
Defendants accept this sum as the full amount of compensation for Defendants' interests in the
Subject Property.
B. The sum of One Million, One Hundred and Fifteen Thousand
($1,115,000.00) shall consist of the following:
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JUDGMENT IN CONDEMNATION
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(1) On or about April 26, 2013, the City deposited with California State
Treasurer the sum of Five Hundred Thirty Thousand dollars ($530,000.00) as the initial value of
the real property pursuant to Code of Civil Procedure section 1255.010 et seq. The State Treasure
is authorized and directed to draw a warrant for payment of Five Hundred Thirty Thousand dollar:
($530,000.00), payment is to be made by way of a check or warrant made payable and mailed as
follows:
Murphy & Evertz LLP Client Trust Account
c/o John C. Murphy, Esq,.
MURPHY & EVERTZ, LLP
650 Town Center Drive, Suite 550
Costa Mesa, California 92626
(2) The sum of Five Hundred Eighty Five Thousand Dollars, constituting
remaining settlement balance ($1,115,000.00 minus $530,000.00), shall be paid to Defend
from the City by way of check or warrant made payable and mailed as follows:
Murphy & Evertz LLP Client Trust Account
c/o John C. Murphy, Esq.
MURPHY & EVERTZ, LLP
650 Town Center Drive, Suite 550
Costa Mesa, California 92626
(3) Payment of Five Hundred Eighty Five Thousand Dollars ($585,000.00) to
Defendants shall be made no later than 21 days from the date of Entry of Judgment. Once full
payment has been made, the City may file a Final Order of Condemnation as against Defendants.
Payment of accrued interest from the October 31, 2013, the date of possession, shall be paid on the
entire sum of $1,115,00.00 pursuant to Code of Civil Procedure section 1268.350.
C. Mutual Release.
1. Defendants, for themselves and for all of its predecessors,
successors -in -interest, assigns, partners, partnerships, Companies, corporations, trusts, trustees,
beneficiaries, heirs, executors, and designees, and each of its agents, employees, attorneys,
representatives hereby releases and forever discharges the City and all of its past, present, ft
agents, employees, partners, partnerships, 3co-ventures, owners, co-owners,
JUDGMENT IN CONDEMNATION
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subcontractors, business entities or divisions, attorneys, administrators, predecessors, success
successors -in -interest, and assigns from any and all liability whatsoever, including all clai
demands, causes of action, obligations, agreements, costs, fees, expenses, and damages
whatever kind or nature arising out of the action or the Subject Property being condemned.
2. The City, for itself, and for all of its past, present, and future
employees, partners, partnerships, co -ventures, owners, co-owners, contractors, subcontracto
business entities or divisions, attorneys, administrators, predecessors, successo
successors -in -interest, and assigns hereby releases and forever discharges Defendants and each
its predecessors, successors, successors -in -interest, assigns, partners, partnerships, compani
corporations, trusts, trustees, beneficiaries, heirs, executors, and designees, and each of its ager
employees, attorneys and representatives from any and all liability whatsoever, including
claims, demands, causes of action, obligations, agreements, costs, fees, expenses, and damages
whatever kind or nature arising out of the action.
IT IS FURTHER ORDERED AND ADJUDGED that the payments to Defendants of
said total amount of money as hereinabove specified is in full payment of just compensation for
the interests in real property condemned by the City herein and for all damages of every bind and
nature suffered or to be suffered by reason of the acquisition of said interests in the real property
and the construction and use of the project in the manner proposed by the City. Defendants waive
any objection to the City's Notice of Entry of Judgment and Final Order of Condemnation, and
waive any claim for attorney fees and/or costs incurred as a result of this action.
The court shall retain jurisdiction to enforce this judgment pursuant to Code of Civil
Procedure Section 664.6.
!II
IT IS FURTHER ORDERED AND ADJUDGED that the purpose for which the
interests in real property is sought to be condemned by the City is a public use authorized by Iaw,
and the taking of said interests in real property is necessary for such use.
IT IS FURTHER ORDERED AND ADJUDGED that possession having been taken by
Plaintiff on October 31, 2013, all taxes, penaltiek and costs that are a lien on that portion of the
JUDGMENT IN CONDEMNATION
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property being condemned and that are apportioned to that portion of the fiscal year after said date
are hereby canceled pursuant to sections 5081 et seq. of the California Revenue and Taxation
Code.
IT IS FURTHER ORDERED AND ADJUDGED that the real property described in
Exhibit "1" in the Complaint, filed with this Court on March 28, 2013, a copy of which is attached
hereto as Exhibit "1" and incorporated herein by reference, is hereby condemned to and taken for
the public use stated in the Complaint in this action. Upon recordation of a certified copy of a
Final Order of Condemnation in the office of the County Recorder of the County of Orange, State
of California, fee simple title to the interests in the real property shall vest in the City, its
successors, and its assigns.
Dated:
JUDGtePITIE SUPERIOR COURT
EXHIBIT "1"
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
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JUDGMENT IN CONDEMNATION
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COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:
LOT 12 OF BLOCK "A" OF SANTA ANA INVESTMENT COMPANY TRACT NO. 1,
HUMPHREYS' ADDITION TO SANA ANA, AS PER MAP THEREOF RECORDED IN
BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY,
CALIFORNIA.
APN: 398.385-05
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JUDGMENT IN CONDEMNATION