United States District Court, C.D. California
GORDON (DC Bar No. 430168) email@example.com (202)
305-0291 (202) 353-7763 (fax) Trial Attorney U.S. Department
of Justice Attorney for Plaintiff
FINDINGS OF FACT AND CONCLUSIONS OF LAW
H. WU, U.S. DISTRICT JUDGE
by narrative statement pursuant to Local Rule 43-1 commenced
on November 9, 2017 at 8:30 a.m. Plaintiff, United States
submitted its Trial Brief and the Declaration of Robert W.
Colangelo, and appeared by Trial Attorney Ma Gordon. No
answer or appearance was made by any named defendant. Having
reviewed the pleadings and papers filed herein, and argument
of counsel having been heard, the Court makes these Findings
of Fact and Conclusions of Law pursuant to Fed.R.Civ.P. 52.
FINDINGS OF FACT
THE SUBJECT PROPERTY
is an action by the United States to condemn real property.
The property is described as follows (“Subject
The Southeast ¼ of Section 16, Township 31 South,
Range 46 East, Mount Diablo Base and Meridian, County of San
Bernardino, State of California, according to the Official
Excepting all oil, gas, oil shale, coal, phosphate, sodium,
gold silver and all other mineral deposits contained in said
land, together with the right to drill for an extract such
deposits of oil and gas, or gas, and to prospect for, mine,
and remove such deposits of other minerals from said land,
and to occupy and use so much of the surface of said land as
may be required therefor, upon compliance with the conditions
and subject to the provisions and limitations of Chapter 5,
Part I, Division 6 of the Public Resources Code, as reserved
to the State of California by Patent dated August 7, 1953 and
Recorded September 23, 1953 in book 3246, page 65 Official
This Tract No. 313 is also known as Assessor's Parcel
Number 0507-091-18-0000, containing 160.00 acres, more or
Dkt. 1, Schedule B.
estate taken by the United States in the Subject Property is:
fee simple title to the land, subject however, to existing
easements for public roads and highways, public utilities,
railroads and pipelines; excepting and excluding from the
taking all interests in oil, gas, oil shale, coal, phosphate,
sodium, gold, silver and all other mineral deposits which are
outstanding in parties other than the surface owners, the
appurtenant rights for the exploration, development and
removal of said minerals, and the right of the people to fish
as reserved in the patent from the State of California.
Dkt. 1, Schedule C.
Prior to the institution of this action, the Subject Property
was owned by Julie Orogo Luna (aka Julie Luna Orogo), as to
an undivided ¼ interest; and Fred J. Davidson (aka
Fred J. Davison), a widower, James F. Davidson (aka James F.
Davison) and Donna M. Davidson (aka Donna M. Davison), his
wife, as their interests may appear of record, as ...