Ruling on Motion for Litigation Expenses Pursuant to CCP 1268.610: CIVDS1600180 August 2, 2022

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On January 7, 2016, Plaintiff Town of Apple Valley filed an eminent domain action against Apple Valley Ranches Water Company, now Liberty Utilities (Apple Valley Ranchos Water) Corp. (hereinafter Liberty), to obtain the water company’s water supply and distribution system within the boundaries of the Town and County.

Although not named in the action, on April 19, 2016, Defendants Jess Ranch Water Company, Inc. and Jess Ranch Development Company, Inc. (collectively “Jess Ranch Defendants”) filed answers. On February 16, 2018, the court denied the Town’s motion to strike Jess Ranch Defendants’ answer.

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On December 2, 2021, Jess Ranch Defendants filed a Memorandum of Costs, seeking costs in the total amount of $3,623. The Town filed a motion to tax costs and strike Jess Ranch Defendants’ Memorandum of Costs. Jess Ranch Defendants oppose.

On December 20, 2021, Jess Ranch Defendants separately filed a motion for litigation expenses under Code of Civil Procedure section 1268.610. They seek $53,578 in total litigation expenses, which is comprised of $49,955 in attorney’s fees, including $3,500 in attorney’s fees for the fee motion, and $3,623 in costs identified in the Memorandum of Costs. […]

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