CITY OF INGLEWOOD vs. 250 MARKET #199K, L.P., et al.

Discussion

In order to avail itself of CCP section 1255.410, Plaintiff's motion: ... shall describe the property of which the plaintiff is seeking to take possession, which description may be by reference to the complaint, and shall state the date after which the plaintiff is seeking to take possession of the property. The motion shall include a statement substantially in the following form: "You have the right to oppose this motion for an order of possession of your property. If you oppose this motion you must serve the plaintiff and file with the court a written opposition to the motion within 30 days from the date you were served with this motion."

If t he written opposition asserts a hardship, it shall be supported by a declaration signed under penalty of perjury stating facts supporting the hardship. Then, pursuant to section 1255.410, subdivision (d)(1), if the motion is not opposed within 30 days of service on each defendant, then the Court shall make an order for possession of the property if the court finds each of the following: (A) The plaintiff is entitled to take the property by eminent domain. (B) The plaintiff has deposited pursuant to Article 1 (commencing with Section 1255.010) an amount that satisfies the requirements of that article Here, Plaintiff's motion complies with all CCP section 1255.410 requirements.

Because no opposition was received within 30 days of service, Plaintiff's motion will be granted if the Court finds that Plaintiff is entitled to take the property by eminent domain, and Plaintiff has deposited an amount that satisfies the requirements of Article 1. (CCP Sec. 1255, subd. (d)(1).)

I. Entitlement

CCP section 1240.030 provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. In establishing whether a Plaintiff is entitled to take possession of a property by eminent domain, It should be noted that the determination of the plaintiff's right to take the property by eminent domain is preliminary only.

The granting of an order for possession does not prejudice the defendant's right to demur to the complaint or to contest the taking. Conversely, the denial of an order for possession does not require a dismissal of the proceeding and does not prejudice the plaintiff's right to fully litigate the issue if raised by the defendant. (Legislative Committee Comments to CCP Sec.1255.410.)

Here, on 2/10/2026, the City's governing body, its City Council (City Council) adopted Resolution No. 26-48, which sets forth all of the required findings in order to adopt a resolution of necessity. Because Plaintiff has made the requisite findings prior to adopting the Resolution, there is a conclusive presumption that Plaintiff has the right to acquire the Property through eminent domain. (See CCP Sec.Sec. 1240.030, 1245.250.)

II. Deposit

Here, Plaintiff retained a qualified appraiser, Adam M. Bogorad, MAI and Director of Valuation at Monument, to value the Subject Property being acquired. The appraiser opined that the probable amount of just compensation for the taking of the Subject Property is $10,366,000.00. (See Summary Appraisal Opinion to be filed concurrently with the Notice of Deposit once completed.) Plaintiff is in the process of depositing with the State Treasurer the full amount of the appraisal pursuant to Code of Civil Procedure section 1255.010 and will have completed the deposit before the hearing on this Motion. (Brenot Decl., P. 4; and, see Notice of Deposit to be filed once the deposit has been completed.)

Plaintiff has met the requirements imposed by CCP section 1255.410, subdivision (d)(1). Namely, Plaintiff has submitted evidence establishing it is entitled to take the property by eminent domain, and that it has deposited required compensation. Based on the foregoing, Plaintiff's motion for prejudgment possession is granted. It is so ordered. Dated: June, 2026 Hon. Jon R. Takasugi Judge of the Superior Court Parties who intend to submit on this tentative must send an email to the court at [email protected] by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.

If a party submits on the tentative, the party's email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. For more information, please contact the court clerk at (213) 633-0517. | Case Number: 26STCV05233 Hearing Date: June 23, 2026 Dept: 309 Superior Court of California County of Los Angeles DEPARTMENT 17 TENTATIVE RULING CITY OF INGLEWOOD vs.

INGLEWOOD PORTFOLIO, LLC, et al. | Case No.: 26STCV05233 Hearing Date: June 23, 2026 | Plaintiff's motion for prejudgment possession is GRANTED. On 2/13/2026, Plaintiff City of Inglewood (Plaintiff or the City) filed a complaint in eminent domain against Inglewood Portfolio, LLC, Archibald