HomeMy WebLinkAboutCity Council - 3885 RESOLUTION NO 3885
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE CITY ATTORNEY
TO EXECUTE A STIPULATION IN CASE NO 175055,
ORANGE COUNTY SUPERIOR COURT
WHEREAS, there is pending in Orange County Superior Court ,
California, Case No 175055, in which the City of Huntington
Beach is a party thereto , and
The State of California is purchasing the beach properties
described in the attached stipulation for beach park and recre-
ational purposes for the public , and
The purposes of said litigation having been accomplished
to the satisfaction of City , the City and other parties thereto
now desire to enter into the attached stipulation In said Case
No 175155 by which said case shall be dismissed upon the con-
summation of said sale to the State,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the "Stipulation and Interlocutory
Order Amending Complaint and Dismissing Action" , attached hereto
as Exhibit "A" hereof and made a part hereof, is hereby approved
and the City Attorney , on behalf of the City of Huntington Beach,
is hereby authorized to execute said stipulation in the form or
substantially in the form attached hereto
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 20th
day of May , 1974 a�L 4�
Mayor
ATTEST APPROVED AS TO FOR
City Clerk City ttorney
APPROVED AS TO CONTFNT
City Administrator
er
I ESTATE, LIEN OR INTEREST IN THE )
REAL PROPERTY DESCRIBED IN THE )
2 COMPLAINT ADVERSE TO PLAINTIFF'S)
OWNERSHIP, OR ANY CLOUD UPON )
3 PLAINTIFF'S TITLE THERETO, )
4 Defendants )
5 )
STANDARD OIL COMPANY OF )
6 CALIFORNIA, a corporation, )
HUNTINGTON PACIrlu (_Ord ORATION , )
7 a corporation, HUNTINGTON BEACH )
COMPANY, a corporation, FLUOR- )
8 HUNTINGTON, a partnership, )
9 Cross-Complainants , )
10 vs )
11 CITY OF HUNTINGTON BEACH, a )
municipal corporation, COUNTY )
12 Of ORANGF, and all other persons)
unknown claiming anj right, )
13 title , estate , lien or interest )
in the real property adverse to )
14 the cross-complainants ' owner- )
ship", or any cloud upon cross- )
15 complainants ' title thereto, )
16 Cross-Defendants )
17
18 IT IS HFREBY STTPULATFD by and between the parties who have
19 entered appearances in this action and the State of California,
20 hereinafter collectively called "Undersigned Parties , " by and
21 through their respective counsel of record, as follows
22 RECITALS
23 1 On Tune 8, 1970 , the City of Huntington Beach, a
24 municipal corporation, for itself and on behalf of the public,
25 and as Trustee, in trust for the People of the State of California,
26 hereinafter called "City , " filed herein its complaint claiming a
27 public recreational easement of the type described in the cases
28 of Gion v City of Santa Cruz and Dietz v King, 2 Cal 3d 29
29 (1970) , hereinafter called "Complaint, " naming as defendants
30 (a) Standard Oil Company of California, a
t►WLFQ FFM R HAtt I 2
I corporation, hereinafter called "Standard" ,
2 (b) Huntington Pacific Corporation, a cor-
3 poration, hereinafter called "Huntington Pacific" ,
4 (c) Southern Pacific Transportation Company,
5 a corporation, hereinafter called "Transportation
g Company" ,
7 (d) Huntington Beach Company, a corporation,
8 hereinafter called "Beach Company" ,
9 (e) Bank of America National Trust and
10 Savings Association, a national banking association,
11 hereinafter called "Bank of America" ,
12 (f) Continental Auxiliary Company, a
13 California corporation, as trustee , hereinafter
14 called "Auxiliary" ,
15 (g) Fluor-Huntington, a partnership, here-
16 inafter called "Fluor" ,
17 (h) Lee S Chamness , Jane Doe Chamness ,
16 La Rue Nitzkowski, Jane Doe NLtzkowski, William
19 Malcolm Poors, Jane Doe Poors , Web Service Com-
20 pany , Web Service Company , Inc , a corporation,
21 hereinafter called "Other Corporate and Individual
22 Defendants" ,
23 (1) Doe One to Doe One Thousand, hereinafter
24 called "Doe Defendants" ,
25 (7 ) All other persons unknown, claiming
26 any right, title, estate, lien or interest in
27 the real property described in the Complaint
28 adverse to plaintiff' s ownership or any cloud
29 upon plaintiff' s title thereto, hereinafter called
30 "Unknown Defendants "
LAWLER FELIX & HALL 3
1 2 On June 8, 1970 , notice of the pendency of this action
2 was recorded by City in Book 9310, Page 766, of Official Records
3 of the Office of the County Recorder, County of Orange, State of
4 California
5 3 The Complaint sets forth the following causes of
6 action
7 (a) First Cause of Action to quiet title to
8 real property (dedication by adverse public use) ,
9 (b) Second Cause of Action to quiet title to
10 real property (dedication by acquiescence) , and
11 (c) Third Cause of Action in ejectment to
12 recover possession of real property and damages
13 for wrongful detention
14 4 The real property over which the City claims a public
15 recreational easement, hereinafter called "Real Property, "
16 consists of certain beachfront property located within the City
17 of Huntington Bea(_h, County of Orange, State of California, which
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18 Real Property is mole particularly described in the Complaint
19 as follows
20 That portion of a strip of land of varying widths
and being a portion of Sections 3 , 9, 10 , 11 and 14 ,
21 Township 6 South, Range 11 West in the Rancho Las
Bolsas , as shown on a Map recorded in Book 51 , page
22 14 of Miscellaneous Maps , records of Orange County,
California, and being a portion of Section 4, Town-
ship G South, Range 11 West, being partly in the
Rancho Las Bolsas and partly in the Rancho La Bolsa
24 Chica, as shown on a Map recorded in Book 51 , page
14 of Miscellaneous Maps , records of Orange County,
California, said strip of land being more particularly
25 described as being 32 feet on the Northeasterly side
26 and extending to the line of ordinary high water
mark of the Pacific Ocean, as described in a Boundary
27 Agreement executed by the State of California, acting
by and Lhrough the Slate Lands Commission and Hunt-
28 ington Pacific Corporation, a corporation, recorded
February 23, 1967 in Book 8183, page 3 of Official
Records, on the. SouthwesteLly side of the following
29 described 1Lnc
30 Beginning at a point in the North and South quarter
LAWLER FELIX R HALL 4
I Section line of Section 4 , Township 6 South, Range
11 West, S B B & M and Southerly 2401 5 feet, a
2 little more or less , from the North Quarter Section
corner of said Section 4, thence from said point of
3 beginning South 44° 37' 15" East 3405 34 feet to the
point of beginning of a 1° curve to the left, thence
4 Southeasterly along said 1° curve to the left 476.72
feet to the end of 1° curve to the left, thence South
5 49° 23' 15" East 6340 88 feet to the point of beginning
of a 2° tapered curve to the right, thence
6 Southeasterly along said 21 tapered curve to the
iight 223 54 fcet to the end of said 2° tapered
7 curve to the right, thence South 45° 31' East 102 03
feet to the point of beginning of a 2° tapered curve
8 to the left, thence Southeasterly along said 2°
tapered curve to the left 223 54 feet to the end of
9 said curve, thence South 490 23' 15" East on a line
parallel to and 32 feet Southwesterly from the
10 Southwesterly line of Ocean Avenue, as shown on Map
of Huntington Beach, recorded in Book 3, page 36 of
11 Miscellaneous Maps , records of Orange County,
California, 3603 feet, a little more or less, to
12 a point in the Northwesterly line of "A" Street in
Off Addition to Pacific City, as shown on a Map of
13 said Addition made by S H Finley, C E in 1903
lying Northwesterly of the Northwesterly line of
14 that certain 75-foot wide strip of land described
In the deed to the City of Huntington Beach, re-
15 corded February 8, 1912 in Book 209 , page 231 of
Deeds and Southeasterly of the North and South
16 center line of said Section 4
17 5 On August 27 , 1970 , Standard, Huntington Pacific, Beach
18 Company, and Fluor filed their demurrer to the Complaint and
19 following hearing held October 7, 1970 , the Court sustained para-
20 4raph IV of said demurrer which alleged that the Third Cause of
21 Action of the Complaint fails to state a cause of action against
22 Standard, Huntington Pacific, Beach Company or Fluor
23 6 On or about November 4, 1970, City filed its Amendment
24 to Complaint (Third Cause of Action) , on December 4, 1970
25 Standard, Huntington Pacific, Beach Company, Fluor, Bank of
26 America and Auxiliary filed their demurrers to said Amendment to
27 Complaint, at the December 23 , 1970 hearing on said demurrers the
28 Court ordered, pursuant to the stipulation of the City and the
29 demurring defendants, that the Complaint be further amended by
30 substitution of the words "Plaintiff is informed and believes and
I 5
LAWLER FELIX 8 HALL
1 upon such information and belief alleges that during the year 1967
2 defendants ousted plaintiff from possession of said apartment
3 complex site" in place and stead of the words appearing at page 5
4 of said Amendment to Complaint (Third Cause of Action) commencing
5 on line 24 thereof with the words "The exact date . . " and
6 ending on said page 5 at lines 28 and 29 with the words " . to
7 set forth such date" , and following said hearing, the Court held
8 (a) The Amendment to Complaint (Third Cause
9 of Action) fails to state a cause of action
10 against any of the demurring defendants
11 (b) The Amendment to Complaint (Third Cause
12 of Action) is barred by the provisions of Section
13 318 of the Code of Civil Procedure as to all dates
14 of alleged ouster stated in said Amendment to
15 Complaint (Third Cause of Action) which occurred
16 more than five years before the commencement of
17 the within action
18 7 On or about September 28, 1970 Bank of America and
19 Auxiliary filed their answer to the Complaint, on October 6 ,
20 1970 , tho d) smissal without pre]udice of Transportation Com-
21 pany was entered at the request of City, on December 4, 1970 ,
22 Standard, Huntington Pacific, Beach Company and Fluor filed herein
23 their answer to the Complaint, on or about June 10 , 1971, Bank of
24 America and Auxiliary filed their amended answer to the Complaint
25 pursuant to leave granted by the Court, and on or about March 14,
26 1972 Signal Oil & Gas Company, served as Doe I , filed its answer
27 to the Complaint
28 8 On December 4, 1970 , Standard, Huntington Pacific,
29 Beach Company and Fluor filed herein a cross-complaint, hereinafter
30 called "First Cross-Complaint, " naming as cross-defendants
6
LAWLER FELIX & HALL
I (a) City,
2 (b) County of Orange, and
3 (c) All other persons claiming any right,
4 title, estate, lien, or interest in the real
5 property adverse to cross-complainants ' ownership
6 or any cloud upon cross-complainants' title thereto,
7 hereinafter called "Unknown Cross-Defendants "
8 9 On January 27, 1971, Standard, Huntington Pacific,
9 Beach Company and Fluor filed an amendment to the First Cross-
10 Complaint and this Court ordered that summons on said cross-
11 complaint as amended be served by publication thereof in the
12 ganta Ana Register and said summons was so served, as appears
13 from the proof of publication filed herein on February 23, 1971
14 The First Cross-Complaint as amended sets forth the following
15 causes of action with respect to the Real Property
16 (a) First Cause of Action to quiet title,
17 (b) Second Cause of Action for inverse
18 condemnation,
19 (c) Third Cause of Action for breach of
20 contract
21 (d) Fourth through Sixth Causes of Action
22 for money had and received and unjust enrichment,
23 (e) Seventh through Fourteenth Causes of
24 Action for refund of taxes, and
25 (f) Fifteenth and Sixteenth Causes of Action
26 for adverse possession
27 On or about March 29 , 1971, City filed its answer to the First
28 Cross-Complaint as amended
29 10 On January 27 , 1971 , notice of pendency of this action
30 was recorded by Standard, Beach Company , Huntington Pacific and
LAWLER FELIX S HALL 1 7
I Fluor in Book 9529 , Page 96 , of Official Records of the County
2 Recorder, County of Orange, State of California
3 11 The County of Orange acknowledged service of the
4 summons on the First Cross-Complaint as amended thereto on
5 February 11, 1971 The County of Orange was thereafter given
6 an open extension of time to plead to the First Cross-Complaint
7 and has not entered an appearance in this action
8 12 On or about June 10 , 1971, Bank of America and Auxiliary
9 filed herein a cross-complaint for inverse condemnation and
10 breach of contract, hereinafter called "Second Cross-Complaint, "
11 naming City as cross-defendant
12 13 On or about June 29 , 1971, City filed an answer
13 to the Second Cross-Complaint
14 14 On July 28 , 1971 the Court ordered that the Real Property
15 be used in the manner provided in the Stipulation for Beach
16 Operation between the City and Huntington Pacific, and on or about
17 May 5, 1972 the Court ordered that the Stipulation for Beach '
18 Operation be amended in the manner provided in the First Amendment
19 to Stipulation for Beach Operation between City and Huntington
20 Pacific Said stipulation and order as amended, hereinafter
21 called "Beach Operation Stipulation and Order, " is by its terms
22 effective only until dismissal of this action
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23 15 The Other Individual and Corporate Defendants , Doe
24 Defendants (other than Signal Oil & Gas Company) , Unknown
25 Defendants and Unknown Cross-Defendants have not entered
26 appearances in this action
27 16 Between March 25, 1971 and April 30, 1973, Huntington
28 Pacific and Fluor filed with the above entitled Court civil actions
29 numbered 182029 , 184858, 188737 , 195204 , and 202140 , hereinafter
30
14WIFR FELIX E HALL 8
I called "Related Actions , " for the refund of taxes paid on the
2 Real Property, naming as defendants City and the County of Orange.
3 The Related Actions have been held in abeyance pending the final
4 determination of this action
5 17 The d, fendants which have entered appearances in
6 this action claim the following interests in the Real Property,
7 to wit
g (a) Huntington Pacific Fee simple ownership
9 of the surface and subsurface to a depth of five hundred
10 (500) feet vertically below the surface of the Real
11 Property
12 (b) Beach Company Fee sample ownership of the
13 subsurface beyond a depth of five hundred (500) feet
14 vertically below the surface of the Real Property.
Ib (c.) Fluor Owner of a leasehold estate in that
16 portion of the Rancho Las Bolsas in the City of
1/ Huntington Beach, County of Orange , State of
18 California, shown as Parcels 1 and 2 on the map
19 filed foi record in Book 8 , Page 39 , of parcel maps
20 in the Office of the County Recorder of said County
11 (d) Bank of America and Auxiliary On or about
Z2 July 1, 1967 , Fluor executed and delivered to Bank of
23 + America its written promissory note in favor of Bank
,-)4 of America in the principal sum of $1,900 ,000 for
�5 and ,.n cons-i deration of a loan in that amount made
16 ( to Fluor bj Bank of America, and on or about July 1,
?r I 1967, Fluor, to secure the payment of the aforesaid
28 promissory note, executed and delivered to Auxiliary
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29 as trustee for the benefit of Bank of America, a deed
30 of '-runt covering Fluor° s leasehold estate in the
I 9
1 Wien EELIX& HALL ��
I following described portion of the Real Property
2 That portion of the Rancho Las Bolsas
3 in the City of Huntington Beach, County of
4 Orange, State of California, shown as Parcels
5 1 and 2 on a map filed for record in Book 8,
6 Page 39 , of parcel maps in the Office of the
7 County Recorder of said County,
8 which said deed of trust was recorded on July 11, 1967,
9 as Instrument No 5036 in Book 8307, Page 64 , Official
10 Records of Orange County , California
11 (e) Standard Owner of a leasehold estate in
12 the following described portion of the Real Property
13 That real property described in plaintiff' s com-
14 plaint excepting therefrom those portions of real
15 property described in that certain instrument
16 dated September 10 , 1963 , recorded in Book 6725 ,
17 Page 702 , Records of Orange County, and that
18 portion of real property described in that certain
19 instrument dated October 14, 1963 , recorded in
20 Book 6169 , Page 343 , Records of Orange County
21 (f) Signal Owner of an easement, right and
22 right of way to drill , maintain, repair and operate
23 wells in, under , and through the subsurface of the
24 followinQ described portion of the Real Property
25 That certain strip of land lying between
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26 the eAtension southwesterly of the easterly
27 line of Twenty-Third Street and the exten-
28 sion southwesterly of the easterly line of
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29 Tenth Street in the City of Huntington Beach,
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30 and between tho ordinary high water mark of
10
IMER FELIX 8 HALL
I I the Pacific Ocean and a line lying southwesterly
2 ! of and sixty (60) feet distant measured at right
3 angles from the southwesterly line of Ocean
4 Avenue, as said Ocean Avenue is shown on Map of
5 Huntington Beach Seventeenth Street Section,
6 recorded in Book 4 , Page 10 of Miscellaneous
7 Maps , Records of said Orange County , including
8 therein and thereunder, but not limited to, the
r
9 right to construct, use and maintain pipelines,
10 telephone and telegraph lines , derricks ,
11 machinery, and other surface or subsurface
12 structures necessary to drill for, produce ,
13 extract, take and remove oil, gas and other
14 hydrocarbons produced by wells from submerged
18 lands of the State of California and for the
16 purpose of transporting oil, gas and other
17 hydrocarbons from said lands of the State of
18 (-alzioinia
19 18 Fui uant to California Laws 1973 Regular Session, ch 900,
20 sec 1, authorl71ng the acquisition of certain beach property in
21 the City for the State Park System, the State of California, acting
22 by and through the State Public Works Board, hereinafter called
23
"State, " proposes to purchase from Huntington Pacific the following
24 described portion, hereinafter called "State Property, " of the
25 Real Property, to wit
26 The surface and Cubsurface to a depth of five
27 hundred (500) feet vertically below the surface of
28 the following described real property in the City
29 of Huntington 13L ach, County of Orange, State of
30 Califorria ahat ccrLain parcel of land bounded i
11
LAWLER FELIX$ HALL ,
I on the Northeast by the Southwesterly edge of the
2 Pacific Coast Highway, on the Southeast by the
3 northwesterly line of that certain 75-foot wide
4 strip of land described in deed of easement to
5 the City of Huntington Beach, recorded on Feb-
6 ruary 8, 1912 , in Book 209 , Page 231 of said deeds,
7 on the Southwest by the ordinary high water mark of
g the Pacific Ocean, as described in that certain
9 Boundary Agreement between the State of California
10 acting by and through the State Lands Commission,
11 and Huntington Pacific Corporation , recorded on
12 February 23 , 1967 in Book 8183 , Page 3 of Official
13 Records of Orange County, California, and on the
14 Northwest by the North-South quarter section line 1
15 of said Section 4 , T 6 S , R. 11 W , S B B &M ,
16 excepting and reserving to Huntington Pacific Cor-
17
poration that portion of Rancho Las Bolsas in the
18 C.Lty of Hunt-Lngton Beach , County of Orange , State
19 of Callfriiia, shown as Parcels 1 and 2 on the
20 map fi v2d for rcrord in Boo}- 8, Page 39 , of parcel
21 maps in the Ottice of the County Recorder of said
22 County
23 19 'Ihe Undersigned Parties desire that, conditional upon
24 the purchase of the State Property by the State, the First and j
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25 Second Causes of Action of the Complaint be amended as hereinafter
provL,,ted to join the State as an additional party plaintiff, that I
26 i
notice and service of said amendment be waived; and that the
27 I
lallegations of said amendment be deemed denied by defendants
28
29
Said amendment shall {
1
30 i
12
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LAWLER FELIX 8 HALL
I (a) Add the words "and the State of California, acting
2 by and through the State Public Works Board," to the caption
3 starting at line 13 of page 1 of the Complaint
4 (b) Change the words "Plaintiff complains" as they
5 appear on line 31 of page 1 of the Complaint to "Plaintiffs
6 complain "
7 ((:) Change the word "plaintiff' s" as it appears on
8 line 1 of page 2 of the Complaint to "plaintiffs ' "
9 (d) Change the words "plaintiff was , and now is, the
10 owner" as they appear on lines 18 and 19 of page 2 of the
11 Complaint to "plaintiffs were , and now are, the owners "
12 (P) Change "City of Huntington Beach, through its
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13 agents and employees, has" as they appear on lines 2 and 3
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14 of page 4 of the Complaint to "City of Huntington Beach and
15
the State of California, through their agents and employees,
16 have
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17 (f) Add the words "and the State of California"
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18 ofter the words "city of Huntington Beach" as they appear
19 on line 11 of page 4 of the Complaint.
20 (g) Change the words "City of 1 untington Beach
21 for itself" as they appear on lines 16 and 17 of
22 page 4 of the Complaint to "City of Huntington
23 Beach ani St ite of California for themselves "
24 (h) Change the words "City of Huntington Beach
25 has" as they appear on line 19 of page 4 of the
26 Complaint t-3 "City of Huntington Beach and State
27 of California have
28 (1) Change the word "plaintiff" as it appears i
29
on line I3 of page 4 of the Complaint to "plaintiffs f
30 ( 1) ( hau,rp the words "Pla inti-ff i, informed
13
LAWLER FELIX & HALL
ow o -
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1 and believes and, based upon such information and
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2 belief, alleges" as they appear on lines 2 and 3 of
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3 page 5 of the Complaint to "Plaintiffs are informed
4 and believe and, based upon such information and
5 belief, allege. "
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6 (k) Change the word "plaintiff" as it appears on
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7 line 15 of page 5 of the Complaint to "plaintiffs "
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8 (1) Change the words "plaintiff prays" as they
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9 appear on lines 14 and 15 and on lines 16 and 17 of
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10 page 6 of the Complaint to "plaintiffs pray".
11 (m) Change the words "plaintiff is the owner" as
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f
12 they appear on lines 20 and 21 of page 6 of the Complaint
13 to "plaintiffs are the owners".
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14 (n) Change the word "plaintiff" as it appears on
15 line 26 of page 6 of the Complaint to "plaintiffs"
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16 20 The Undersigned Parties further desire that, condi-
17 tional upon amendment of the Complaint as hereinabove provided
18 and conditional upon the purchase of the State Property by
19 the State, this action be dismissed thereby vacating all out- l
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20 standing orders and quieting the title of defendants to the I I
21 interests in the Real Property referred to in the foregoing
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22 paragraph 17 except as affected by the purchase referred to
23 in the foregoing paragraph 18, such dismissal to be with
24 prejudice as to the Complaint as amended, the Second Cross-
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25 Complaint and the First Cross-Complaint as amended, except as
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26 to the First, Fifteenth and Sixteenth Causes of Action of
27 the First Cross-Complaint as amended which Causes of Action
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28 are to be dismissed without prejudice
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29 21 The Undersigned Parties further desire that the notices !
30 of pendency of fiction ip ferred to in the foregoing paragraphs 2 and
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14
LAWLER FELIX 3 HALL i
� I I
1 (d) Immediately following the making of the
d
final order provided for in such interlocutory order,
2 I I
3 neither City nor Huntington Pacific nor any of their
4
successors or assigns , shall have any further right
5 against or duty to the other under the Beach Operation
6 Stipulation and Order, and City and Huntington Pacific,
7 and each of them, for themselves and their successors
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g and assigns , do hereby release and forever discharge I j
9 the other, its successors and assigns , from all claims ,
10 demands , and causes of action which each may now
11 have or may subsequently accrue to it, arising out II
12 of or connected with the Beach Operation Stipulation
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13 and Order, and I i
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14 (e) Upon the making of the final order provided
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15 for in said interlocutory order, the State and City
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16 shall be deemed to have abandoned any claim to a
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17 public recreational easement of the type described
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18 in the cases of Gion_ v City of Santa Cruz and Dietz
19 v Kiny, 2 Cal 3d 29 (1970) , over the following por-
Y0 bons c f the Real Prolerty
21 (i) That portion of the Rancho Las Bolsas shown
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22 as Parcels 1 and 2 on the map filed for record in
23 Book 8 , Pig,- 39 , of parcel maps in the Office of the
24 County Pecorder, County of Orange,
25 (11) the Real Property excepting therefrom those
26 portions of real property described in that certain
27 instrument dated September 10, 1963, recorded in Book
28 6725 , Page 702 , Records of Orange County, and that
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29 I portion of real property described to that certain
30 lIls Lt UI11Fit1 t dated Gc tobE r 14 , 1963, recorded in Book i
i �
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IAWLER FEIIX B HALL 16
2 A A t
1 6769, Page 343, Records of Orange County, and
2 (111) That certain strip of land lying between the
3 extension southwesterly of the easterly line of Twenty- I I
4 Third Street and the extension southwesterly of the '
5 easterly line of Tenth Street in the City of Huntington
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6 Beach, and between the ordinary high water mark of the
7 Pacific Ocean and a line lying southwesterly of and
8 sixty (60) feet distant measured at right angles from
9 the southwesterly line of Ocean Avenue, as said Ocean
10 Avenue is shown on Map of Huntington Beach Seventeenth
11 Street Section, recorded in Book 4, Page 10 of Miscel-
12 laneous Maps , Records of said Orange County
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13 DATED May Z! , 1974
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14
RUTAN & TUCKER
15 MILFORD W DAHL
HOMER MCCO ICK, JR
16
17 By
Homer L McCormick, Jr
18 Att rneys for Defendant Signal'
�,Qil & Gas Company
19
20 DATED May , / 1 1974 O'MELVENY & MYERS
SIDNEY H WALL 1
21 LAURENCE G PREBLE
DAMES V SELNA
22
23
James gel na
24 torneys for efendants Bank
Oo, America ational Trust and j
25 Savings Association and Conti- I a
nental Auxiliary Company
26
27
28
29
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30
17
1 DATED May %U , 1974 LAWLER, FELIX & HALL
THOMAS E WORKMAN, JR
2 LEO J PIRCHER
ANTHONIE M VOOGD
3
4 By
AtlhyoMnit6te Voogd
5 Attorneys for Defendants and
Cross-Complainants Standard
g Oil Company of California,
Huntington Pacific Corporation,
7 Huntington Beach Company, and
Fluor-Huntington
8
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9 DATED May 20 , 1974 CITY OF HUNTINGTON BEACH
DON P BONFA, City Attorney
10 MICHAEL H MILLER, Deputy City
Attorney
11 !wo 0 1
� BC � l
Don P Bonfa�
13 Attorneys for Plai iff City
of Huntington Beac
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14
15 DATED biay z_L, 19 7 4 BUCK, BURROWS & SMITH
RICHARD E SMITH
16 MARK 1 RU TE R
/^
17 By JJ , < /� ��l,
Mark D Rutter
18 Attorneys for Cross-Defendant
City of Huntington Beach
19
20 DATED May 2/ , 1974 STATE OF CALIFORNIA
JAY L SHAVELSON, Assistant
21 Attorney General
RICHARD A HAFT, JR , Deputy
22 Atto ey General
23
By
24
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26
27
28
29
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30
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18
I paragraph 19 0£ the foregoing stipulation, that said
2 Complaint as amended shall be deemed served upon all
3 parties who have entered appearances in this action,
4 and that the allegations of said amendment shall be
5 deemed denied by defendants
g (b) That this action be dismissed as to all defendants
7 and cross-defendants as follows
8 (1) The Complaint as amended of plaintiffs City
9 of Huntington Beach and State of California is dis-
10 missed with prejudice,
11 (11) The Cross-complaint as amended of Standard
12 Oil Company of California, Huntington Pacific Corpo-
13 ration, Huntington Beach Company and Fluor-Huntington
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14 is dismissed with prejudice except as to the First,
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15 Fifteenth and Sixteenth Causes of Action thereof,
16 which Causes of Action are dismissed without prejudice,
17 and
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18 (111) The Cross-complaint of Bank of America and
19 Continental Auxiliary Company is dismissed with
20 prejudice
21 (c) That each party shall bear its own costs
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22
3. In the event said notice is not filed on or before
23 November 15, 1974 , this Interlocutory Order is rescinded and
24 shall have no force or effect whatsoever, the same as if never
25 made
26 DATED biay 1r-, 1974
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27
28 npy ICND F VINCEN19 I }
JUDGE OF THE SUPERIOR COURT fj
29
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14 LER FELIX S HALL 21
I - -
STATE OF CALIFORNIA
ss
County of Orange
I William E St John County Clerk of the County of Orange State of California and Clerk of the Superior
Court thereof which is a court of record having a seal hereby certify that by law I have the custody of said
seal and all records books documents and papers of or appertaining to said Superior Court
That the annexed is a true copy of paper appertaining to said Court and on file and of record in the
—� office of the Clerk of said Court
i
That I have compared same with the original Case # 175055
STIIULATION AND ORDFRS FXPUNgING NOTICES OF PENDENCY OF ACTION,
AMINDING COMPLAINT AND DISMISSING ACTION
_ I
on file in the office of the Clerk of said Court that the same contains a full true and correct transcript there
from and from the whole thereof
Witness my hand and the seal of sai rjglburt 01: da f May 19-7A-
County Clerk and
Clerk of the Superior Court of the State of California
in and for the County of Orange j
10HN L FLYNN 1R
I Esq Judge of the Superior Court of the State of
California within and for the County of Orange hereby certify that William E St John, whose signature is
affixed to the above certificate is the County Clerk of the County of Orange State of California and Clerk
of the Superior Court in and for said County and is the proper certifying officer of said Court and has by law
the custody of the seal and all the records books documents and papers of or appertaining to said Court
and said certificate is in due form as used in this state
In Witness Whereof I have hereunto set my hand this 2j_day-of cMaK 19
1 I
w.
Judge of said S e for Court
I
STATE OF CALIFORNIA j
ss
County of Orange )
I William E St John County Clerk of the County of Orange State of California and Clerk of the Superior
Court thereof which is a court of record having a seal hereby certify that Honorable
JOHN L FI Vh1hl iR whose name is subscribed to the above certificate of qualification
was at the date thereof a Judge of the Superior Court of the State of California in and for said County duly
elected and qualified that he is authorized to make such certificates that full faith and credit are due to his
official acts as such Judge I further certify that I verily believe that the signature attached to said certifi
cate is genuine and that said certificate is a -cued according to the laws of the State of California
Witness my hand and the seal of sa / r rt this day f 192�,
County Clerk and
Clerk of the Superior ourt of the State of California
in and for the County of Orange
I
® F0182 tie 1
I
F I L E D
MAY 2 3 1974
WILLIAM E EST 1G'iN unly clerk
1 LAWLER, FELIX & HALL By �// Deputy
THOMAS E WORKAAN, JR
2 , LEO J PIRCHER
ANTHONIE M VOOGD
3 800 Standard Oil Building
605 West Olympic Boulevard
4 Los Angeles, California 90015
5 620-0060
6 Attorneys for Defendants and
Cross-Complainants Standard
7 Oil Company of California,
Huntington Pacific Corporation,
8 Huntington Beach Company and
Fluor-Huntington, a partnership
9
10 SUPERIOR COURT OF CALIFORNIA
i
11 COUNTY OF ORANGE
12
13 CITY OF HUNTINGTON BFACH, a ) NO 175055
municipal corporation , for )
Y4 itself and on behalf of the )
public, and as Trustee, in )
15 trust for the people of the )
State of California, )
16 ) FINAL ORDER AMENDING COMPLAINT
Plaintiff, )
17 ) AND DISMISSING ACTION
vs )
18 )
STANDARD OIL COMPANY OF )
19 CALIFORNIA, a corporation, )
HUNTINGTON PACIFIC CORPORATION, )
20 a corporation, SOUTHER.1 PACIFIC )
TRANSPORTATION CO,IPrN.L , a cor- )
21 poration, HUNTINGTON BEACft )
COMPANY, a corporation, BANK OF )
22 AbERICA NATIONAL TPUST AND )
SAVINGS ASSOCIATIOTT, a national )
23 banking association, CONTINENTAL)
AUXILIARY COMPANY , a California )
24 corporation, as trustee, FLUOR- )
HUNTINGTON4, a partnership, LEE )
25 S CHAI+NESS , JA,7E DOE CHAMNESS , )
LA RUE NITZROtiTST.I , JANF DOE )
26 NITZKOWSKI , WILLIAM IIALCOM )
POORS, JANE DOE POORS , I TE13 )
27 SERVICE COLP71NY, WEB SERVICE )
COr_PANY, INC , a cor )oration, )
28 DOF ONE TO DO,- ONE PI,OUSAND, )
ALSO ALL O_il,.R PERSO,vS UNRNO11N, )
29 CLAIMING A,Is RIGiIT, PITT E, )
ESTATE, LIt N OR I,Ii? R,_ST IN THE )
30 REAL PROPLRTY DI SCRI 3LD IN THE )
i
I 1COMPLAINT ADVERSE TO PLAINTIFF' S)
OWNERSHIP , OR ANY CLOUD UPON )
2 PLAINTIFF' S 7.ITLE THERETO, )
3 Defendants )
4 )
STANDARD OIL COMPANY OF )
5 CALIFORNIA, a corporation, )
HUNTINGTON PACIFIC CORPORATION, )
6 a corporation, HUNTINGTON BEACH )
COMPANY, a corporation, FLUOR- )
7 HUNTINGTON, a partnership, )
8 Cross-Complainants , )
9 vs
10 CITY OF HUNTINGTON BEACH, a )
municipal corporation, COUNTY )
11 OF ORANGE, and all other persons)
unknown claiming any right, )
12 title, estate, lien or interest )
in the real property adverse to )
13 the cross-complainants ' owner- )
ship, or any cloud upon cross- )
14 complainants' title thereto, }
15 Cross-Defendants )
16
17 The Court having made its Interlocutory Order Amending
18 Complaint and Dismissing Action, dated May 22 , 1974,
19 pursuant to the stipulation of the parties who have entered
20 appearances in this action, and the condition stated in said
21 Interlocutory Order having been fulfilled, namely, the State ofl
i
22 California having purchased certain property described in said
23 stipulation, and Huntington Pacific Corporation having filed and i
24 served the notice of the fulfillment of the aforesaid condition ]
25 required by said Interlocutory Order,
26 IT IS HEREBY ORDERED, ADJUDGED AND DECREED, as follows
27 1 The First and Second Causes of Action of the Complaint
28 herein is amended as hereinafter provided, that said Complaint
29 as amended shall be deemed served upon all parties who have
I
30 entered appearances in this action, and that the allegations
I -
1 of said amendment shall be deemed denied by defendants Said
2
amendment shall
3 (a) Add the words "and the State of California, acting
a e Pu Works Board, " to the caption I
4 by and throughthe State Public , p
5 starting at line 13 of page 1 of the Complaint
6 (b) Change the words "Plaintiff complains" as they 1
7 appear on line 31 of page 1 of the Complaint to "Plaintiffs
8 complain "
9 (c) Change the word "plaintiff' s" as it appears on i
10 line 14 of page 2 of the Complaint to "plaintiffs' "
11 (d) Change the words "plaintiff was, and now is , the ;
12 owner" as they appear on lines 18 and 19 of page 2 of the
13 Complaint to "plaintiffs were, and now are, the owners "
14 (e) Change "City of Huntington Beach, through its
15 agents and employees, has" as they appear on lines 2 and
16 3 of page 4 of the Complaint to "City of Huntington Beach
17 and the State of California, through their agents and
18 employees , have "
i
1
19 (f) Add the words "and the State of California"
20 after the words "City of Huntington Beach" as they appear
I
21 on line 11 of page 4 of the Complaint
22 (g) Change the words "City of Huntington Beach for
23 itself" as they appear in lines 16 and 17 of page 4 of
24 the Complaint to "City of Huntington Beach and State of j
25 California for themselves
I
26 (h) Change the words "City of Huntington Beach
27 has" as they appear on line 19 of page 4 of the Complaint J
I
28 to "City of Huntington Beach and State of California have "
29 - (1) Change the word "plaintiff" as it appears on
30 line 23 of page 4 of the Complaint to "plaintiffs "
1 (� ) Change the words "Plaintiff is informed and
2 believes and, based upon such information and belief,
3 alleges" as they appear on lines 2 and 3 of page 5 of
4 the Complaint to "Plaintiffs are informed and believe
5 and, based upon such information and belief, allege "
6 (k) Change the word "plaintiff" as it appears on
7 line 15 of page 5 of the Complaint to "plaintiffs "
g (1) Change the words "plaintiff prays" as they
9 appear on lines 14 and 15 and on lines 16 and 17 of
10 page 6 of the Complaint to "plaintiffs pray"
11 (m) Change the words "plaintiff is the owner" as
12 they appear on lines 20 and 21 of page 6 of the Complaint
13 to "plaintiffs are the owners"
14 (n) Change the word "plaintiff" as it appears on
i
15 line 26 of page 6 of the Complaint to "plaintiffs" �
16 2 This action is dismissed as to all defendants and cross-I
17 defendants as follows
I
18 (a) The Complaint as amended of plaintiffs City
I
19 of Huntington Beach and State of California is dismissed
20 with prejudice,
21 (b) The Cross-complaint as amended of Standard
22 Oil Company of California, Huntington Pacific
23 Corporation, Huntington Beach Company and Fluor-
24 Huntington is dismissed with prejudice except as
25 to the First, Fifteenth and Sixteenth Causes of
26 Action thereof, which Causes of Action are dismissed
27 without prejudice, and
28 (c) The Cross-complaint of Bank of America
29 and Continental Auyi,liary Company is dismissed
30 with nreiudirP
1 3 Each party shall bear its own costs
2 DATED May. J, 1974
3
4 RAYN OIJD r VINCEN"r
5 Judge of the Superior Court
6
7
IJGO� VIS INSTRUMENT IS A CORRECT COPT OF TM8 ORIGINAC OR
8 00, H . ^` ' 4,7k FILE IN THIS OFFICE
r r� 1� I
~ /TTEST h1AY 2
9 .i C] i 19�4 19
a �� o WILLIA� 1 E ST JOF— '' ►�- `
3 C
C r CI d C1 k 1
10 C, `iwlor Ccwl I sh 5, f l
d lot
I�O��1''� In. C iy I o R
11 {c ri DEVUR
12
i
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
f
l
1 I ESIATL , LIEN OR IJTEPd ST IN T1IF )
REAL PROPERLY DLSCRILLD I�l ThE )
2 COMPLAINT ADV) RSE TO P1 ATLdTIFF 'S)
OWNERSHIP , OR AAY CLOUD UPON )
3 PLAINTIFF' S TIgIL iIII'Pf�1O, )
4 Defendants )
5 )
STANDARD OIL COI1PAl4Y OF )
S CALIFORNIA, a corporation, )
HU14TINGTON PACIFIC CORPORATIONl, )
7 a corporation, IlU1`ITIpr7,0N1 BEACH )
COMPANY, a corporation , FLUOR- )
8 HUNTINGTON, a partnership, )
9 Cross-Complainants , )
10 vs )
11 CITY OF HUNTINGTON BEACH, a )
municipal corporation, COUNTY )
12 OF ORANGE, and all other persons)
unknown claiming any right, )
13 title, estate, lien or Interest )
in the real property dc,verse to )
14 the- cross-complainants ' owner- ) �
ship, or any cloud upon cross- )
15 complainants ' Litle thereto, )
16 j
Cross-Defendants �
17
i
18 TO THE CITY OI HUNTINGiOil BEACH , BANK OF AMERICA NATIONAL TRUST
19 AND SAVINGS ASSOCTATIO,l , CONTINFNTAI AUXILIARY CORPORATION AND
20 SIGNAL OIL & CAS COP4PAI1Y , AND T1iEIR ATTORNEYS OF RECORD
II
I ,
21 WHEREAS , on May 22 , 1974 , the Court made its Interlocutory
22 Order Amending Complaint and Di-missing Action, pursuant to the
23 stipulation of the parties who have entered appearances in this
24 action, which Interlocutory Order provided that Huntington Pacific
� I
25 Corporation shall file and serve notice of the fulfillment of the
I
26 condition of the sale of certain property to the State of Cali-
27 forma and that upon said filing the Court will make its final i
28 order amending Lne complaint and dismissing the action
29
i
30
1
i
1 PLEASE TAKE NOTICE that on 11ay 23 , i974 the aforesaid
2 I condition was fulfilled by the sale of the property by Huntington
3 Pacific Corporation to the State of California
4 DATED May 23, 1974
5 LAWLER, FELIX & HALL
ThOMAS E WORRMAN , JR
6 LEO J PIRCHER
ANTHOLIIE 11 VOOGD
7
8
BY 40 Allf (3
9 Ant once M Voogd
Attorneys for Defendants and
10 Cross-Complainants Standard Oil
Company of California, Huntington
11 Pacific Corporation, Huntington
Beach Company and Fluor-Huntington
12
APPROVED AS TO FOR11
13
STATE OF CALIFORNIA
14 JAY L SHAVELSO`I, Assistant
Attorney General
15 RICHARD A HAFT, JR , Deputy
Attorney General
16
17 By j1f1d#,f,,Z
18
19 I
20
21
1
22 f
23
24
25
26 I
27 �I
28
99
30 '1
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1 PROOF OF SFRVICF BY MAIL
[C C P §1013a, 2015 51
2
3 I , Joyceland Hendricks , the undersigned , hereby state as I
4 follows
I
5 I am a citizen of the United States and am employed in
6 the County of Los Angeles , State of California I am over the age
7 of eighteen years and am not a party to the within and above-
8 entitled proceedings, my business address is 605 West Olympic Boule-i
9 vard, Los Angeles , California 90015, on the 23rd day of May, 1974 ,
10 I served the foregoing Notice of Fulfillment of Condition of Inter-
I
11 locutory Order Dated May 22 , 1974 on City of Huntington Beach,
12 Bank of America National Trust and Savings Association , Continental j
i
13 Auxiliary Company and Signal Oil & Gas Company by placing a true
14 copy thereof in separate envelopes addressed to the attorneys for I
15 said parties as follows
i
16 1 City of Huntington Beach
i
17 Don P Bonfa , City Attorney 1
Michael H Miller, Deputy City Attorney
18 P 0 Box 190
Huntington Beach, California 92648
19
Buck, Burrows & Smith
20 Richard E Smith , Esq
Mark D Rutter, Esq
21 100 East Ocean Boulevard
Suite 620
22 Long Beach, California 90802
23 2 Bank of America National Trust and Savings Association !
Continental Auxiliary Company I ,
-- 24
O'Melveny & Myers
25 Sidney H Wall , Esq
Laurence G Preble , Esq
26 James V Selna, Esq
611 West Sixth Street
27 Los Angeles , California 90017
28
29
30
�1
1
1 3 Signal Oil & (gas Company
2 Rutan & Tuc} (-r
Milford W D-ihl , Esq
3 Homer L McCormick, Ji , Esq
The Bank of California Building
4 400 Civic Ct-nter Drive West
Santa Ana, California 92702
5
6 and by then sealing said envelopes and depositing the same, with
7 postage thereon fully prepaid, in the United States mail at Los
8 Angeles , California
9 That there is delivery service by United States mail at
I
10 the places so addressed, or there is a regular communication by
11 mail between the place of mailing and the places so addressed '
12 I hereby certify under penalty of perjury that the fore-
I '
I
13 going is true and correct
i
14 Executed on May 23 , 1974, at Los Angeles , California
15
I
16
17 e- C
18
yceland Hendricks
`
19 I
20
21
22
23
24
25
26
27
28
29 ,f
30 II
MARCUS MATTSON CAB E ODPESS
J PH LLIP NEVINS LAW OF ICES OF OSLAW
REED A STOUT
R F OUTCAULT JR C R L
ROBERT HENIGSON LAWLER FELIX & HALL OS Awe "WLER
WL
R CHARD D D LUCE
156
THOMAS E WORKMAN JR BOO STANDARD OIL BUILDING M EL
LEO J PIRCH ER
JOHN G W GMORE 6 B
CHARLES L ROGERS 605 WEST OLYMPIC BOULEVARD
KENNETH B WRIGHT 0 COUNSE
H NEAL WELLS III LOS ANGELES CALIFORNIA 90015 JOHN M HA L
JOHN J BARDET
BRENTON L MET2 LER
ALEXISA FENROD7 TEL (213) 620 0060
RICHARD
L
RICHARD L FRUIN JR
ANTHONIE M VOOG0
ORV LLE O ORR JR
WILLIAM K DIAL
EDWIN W DUNCAN
STEP CHEN T SWANSON May 2 3, 1974
BRUE R CORBETT
WILL AM A PLOURDE JR
JOHN F BUSETTI
R0BEAT P MALL DAY
J RICHARD MORRISSEY
ALAN I WH TE
WILL AM E PRACHAR
F JOHN NYHAN
KENNETH K OKEL
PETER W HANSCHEN
RICHARD E PLYMALE
Clerk
Orange County Superior Court
700 Civic Center Drive West
Santa Ana, California 92701
Re Huntington Pacific Corporation, Fluor-
Huntington v County of Orange, City
of Huntington Beach, Orange County
Superior Court Cases Nos 182029,
184858, 188737, 195204 and 202140
Dear Sir
Enclosed find original and one copy of requests
for dismissal which we desire to have filed in the above
entitled cases To complete our file please return the
copies to us, with the filing date stamped thereon, in
the enclosed, self-addressed envelope
Thank you for your cooperation
Very truly yours ,
Anthonie M Voogd
AMV jah
Enclosures.
cc Michael H Miller, Esq (w/enc )
Laurence M Watson, Esq (w/enc )
Edgar Folk Lambert, III, Esq (w/enc )
J J Shea, Esq (w/enc )
Name Addfoss n d Teleph a No of Alter ey(s) Spice Below fo Uso of Cou t Cie k Only
AWLER, FELIX & HULL
05 West Olympic Boulevard
uite 800
os Angeles, California 90015
(213) 620-0060
Attorney(s) for Plaintiffs
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
(SUPERIOR MUNICIPAL or JUSTICE)
(Name of Municipal or Justice Court District or of branch court if any)
Plaintiff(s) HUNTINGTON PACIFIC CASE NUMBER 182 029
CORPORATION, a corporation,
FLUOR—HUNTINGTON, a REQUEST FOR DISMISSAL
partnership,
TYPE OF ACTION
Defendant(s) vs [] Personal Injury Property Damage and Wrongful Death
COUNTY OF ORANGE , CITY OF [) Motor vehicle ® Other
HUNTINGTON BEACH, a [, Domestic Relations Eminent Domain
municipal corporation L4 Other (Specify) Complaint to Recover Taxes
(Abbrev itedTitle) Paid Under Protest and Un3ust Enrichmen
TO THE CLERK Please dismtss this action as follows (Check applicable boxes )
1 [�; With prejudice L] Without prejudice
2 [51 Entire action Complaint only Petition only Cross complaint only
[) Other (Specify)
LAWLER, FELIX & HALL
C—�5j' vo/c,"
Dated May 23 , 1974 _ 011 4r
If d smissal requested s of spec fled parties only of specified Attorney(s) for It
causes of action only or of sppciflpd cross complaints only so
st3fe and Identify the parties causes of action or cross complaints Anthonie M Voogd
to be dismissed — —
(Type or print attorney(s) name(s))
TO THE CLERK Consent to the above dismissal is hereby given
Dated —When a cross compla nt (or Response (Marriage) seeking afflrma Attorney(s) for
five relief) is on file the attorney(s) for the cross complainant
(respondent) must sign this consent when required by CCP
581(1) (2) or (5) (Type or print attorney(s) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on
L) Dismissal entered on as to only
❑ Dismissal not entered as requested for the following reason(s) and attorney(s) notified on
Clerk
Dated By __ —_ _ ^—___ __—_ Deputy
3 Form Adopted by Rule 982 of CCP 581 etc
The Jud ciai Council of California REQUEST FOR DISMISSAL C-1I Rules of Court
npvispd Effect ve July 1 1972 1 1 11
Name Addre s and T iopho a No of Alto ey(s) Spac Below for Use of Court Clerk Only
LAWLER, FELIX & HALL
605 West Olympic Boulevard
Suite 800
Los Angeles, California 90015
(213) 620-0060
Attorney(s) for Plaintiffs
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE
(SUPERIOR MUNICIPAL or JUSTICE)
(N-ime of Municipal or Justice Court District or of branch court if any)
Plaintiff(s) HUNTINGTON PACIFIC CASE NUMBER 184 858
CORPORATION, a corporation,
FLUOR—HUNTINGTON, a REQUEST FOR DISMISSAL
partnership, TYPE OF ACTION
Vs Personal Injury Property Damage and Wrongful Death
Detendant(s) COUNTY OF ORANGE, CITY OF l y y g g
F] Motor Vehicle Other
HUNTINGTON BEACH, a Domestic Relations Eminent Domain
municipal corporation
� Other (Specify) Complacent to Recover Taxes
(Abbrevi tied Title)
Paid Tinder Protest and Un]ust Enrichmer
TO THE CLERK Please dismiss this action as follows (Check applicable boxes )
1 M With prejudice L] Without prejudice
2 Entire action L] Complaint only L] Petition only Cross complaint only
[] Other (Specify)
LAWLER, FELIX & HALL
d I I L Z6�
Dated May 23 , 1974 ,
If dismissal requested is of specified parties onlv of specified Altorney(s) for Plaintiffs
rauses of action only or of specified cross complaints only so
state and identify the parties causes of action or cross complaints Anthonie M Voogd
to be dismissed - --- -
(Type or print attorney(s) name(s))
TO THE CLERK Consent to the above dismissal is hereby given
Dated --- — —When a cross complaint (or Response (Marriage) seeking affirms Attorney(s) for
live relief) is on file the attorney(s) for the cross complainant
(respondent) must sign this consent when required by CCP
581(t) (2) or (5) (Type or print attorney(s) name(s))
(To be completed by clerk)
[I Dismissal entered as requested on
0 Dismissal entered on as to only
0 Dismissal not entered as requested for the following reason(s) and attorney(s) notified on
Clerk
Dated By____—_ _ — — ________--- Deputy
3 Form Adopted by Rule 982 of CCP 581 etc
The Judiriai Council of California REQUEST FOR DISMISSAL Cal Rules of Court
Rev sed Effective July 1 1972 P t t it i n Ri 11
Name Add oss an Telepho n No of Alto ney(s) Space Below fo Use of Cou i Cie k O ly
LAWLER, FELIX & HALL
605 West Olympic Boulevard
Suite 800
Los Angeles , California 90015
(213) 620-0060
Plaintiffs
Attorney(s) for
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
(SUPERIOR MUNICIPAL or JUSTICE)
(Nime of Municipal or Justice Court District or of branch court if any)
Plaintiff(s) HUNTINGTON PACIFIC CASE NUMBER 188 737
CORPORATION, a corporation,
FLUOR-HUNTINGTON, a
partnership, REQUEST FOR DISMISSAL
vs TYPE OF ACTION
Defendant(s) COUNTY OF ORANGE, CITY OF Personal Injury Properly Damaoe and Wrongful Death
HUNTINGTON BEACH, a [] Motor Vehicle [] Other
municipal corporation Domestic Relations Eminent Domain
1 Other (Specify) Complaint to Recover Taxes
(Abbrevi-ited Title) Paid Under Protest and Una ust Enrichmen
TO THE CLERK Please dismiss this action as follows (Check applicable boxes)
1 With prejudice [] Without prejudice
2 Entire action Complaint only [] Petition only [] Cross complaint only
L] Other (Specify)
LAWLER, FELIX & HALL
w
Dated May 23, 1974
If dismissal requested is of specified parties only of specified Attorney(s) for Plaints S
rauses of action only or of specified cross complaints only so
st-ite and identify the part es causes of act on or cross complaints Anthonie M VOogd
to be dismissed —
(Type or print attorney(s) name(s))
TO THE CLERK Consent to the above dismissal is hereby given
Dated ------
Whan a cross complaint (or Response (M-irriige) seeking affirma Attorney(s) for
live relief) is on file the attorney(s) for the cross complainant
(respondent) must sign this consent when required by CCP
581(1) (2) or (5) (Type or print attorney(s) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on
(J Dismissal entered on . as to only
❑ Dismissal not entered as requested for the following reason(s) and attorney(s) notified on
Clerk
Dated By_ __— —__ — — _-- — —___ Deputy
3 Form Adopted by Rule 982 of CCP 581 etc
The Judicial Council of California REQUEST FOR DISMISSAL C it Rules of Court
Revised Ef1Prt ve July 1 1972
c +I a 1411 1
Name Add ess a d Teleeho o No of Attofney(s) Space BeloH to Use of Cou t Cie k Only
LAWLER, FELIX & HALL
t
05 West Olympic Boulevard
uite 800
os Angeles , California 90015
(213) 620-0060
Attorney(s) for Plaintiffs
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORAI4GE
(SUPERIOR MUNICIPAL or JUSTICE)
(Name o1 Municipal or Justice Court District or of branch court if any)
Plaintiff(s) HUNTINGTON PACIFIC CASE NUMBER 195 204
CORPORATION, a corporation,
FLUOR—HUNTINGTON, a REQUEST FOR DISMISSAL
partnership, TYPE OF ACTION
Defendant(s) Vs Personal Injury Property Damage and Wrongful Death
COUNTY OF ORANGE, CITY OF [J Motor vehicle ® Other
HUNTINGTON BEACH, a r1 Domestic Relations Eminent Domain
municipal corpporation [ � Other (Specify)Compla-1,nt to Recover Taxes
(Abbreviated
Paid Under Protest and UnDust Enrichment
TO THE CLERK Please dismiss this action as follows (Check applicable boxes )
1 �c] With prejudice [J Without prejudice
2 Kt, Entire action Complaint only [ ] Petition only Cross complaint only
[J Other (Specify)
- LAWLER, FELIX & HALL
Dated May 23 , 1974 -Vic i f s
If dismissal requested is of specified parties onlv of specified Attorney(s) for
causes of action only or of specified cross complaints only so
state and identify the parties causes of action or cross complaints Anthonie M Voogd
to be dismissed — --
(Type or print attorney(s) name(s))
TO THE CLERK Consent to the above dismissal is hereby given
Dated When a cross romplaint (or Response (Marriage) seeking affirma Attorney(s) for
live relief) is on file the attorney(s) for the cross complainant
(respondent) must sign this consent when required by CCP
581(1) (2) or (5) — --- — -----
(Type or print attorney(s) name(s))
(To be completed by clerk)
[J Dismissal entered as requested on
n Dismissal entered on as to only
❑ Dismissal not entered as requested for the following reason(s) and attorney(s) notified on
Clerk
Dated By_ ___—_ —___ __—___—_ Deputy
Form Adopled by Rule 982 of CCP 581 etc
The Judicial Council of Cal forma REQUEST FOR DISMISSAL C-il Rules of Court
Rev Seri Ell olive July 1 1972 n ie r 1
Nnme Address and Telopho a No of Allorney(s) Space Below for Use of Court Clerk Only
LAWLER, FELIX & HALL
605 West Olympic Boulevard
Suite 800
Los Angeles , California 90015
(213) 620-0060
Attorney(s) for Plaintiffs
SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE
(SUPERIOR MUNICIPAL or JUSTICE)
(Name of Municipal or Justice Court District or of branch court if any)
Plaintiff(s) HUNTINGTON PACIFIC CASE NUMBER 202 140
CORPORATION, a corporation , FLUOR—
HUNTINGTON, a partnership, REQUEST FOR DISMISSAL
v TYPE OF ACTION
Defendant(s) COUNTY OF ORANGE, CITY OF ❑ Personal Injury Property Damage and Wrongful Death
HUNTINGTON BEACH, a municipal ❑ Motor Vehicle [Y� Other
corporation ❑ Domestic Relations ❑ Eminent Domain
Other (Specify) Complaint to Recover Taxes
(Abbreviated Title) Paid Under Protest and Un3ust
Enrichment
TO THE CLERK Please dismiss this action as follows (Check applicable boxes )
1 ® With prejudice ❑ Without prejudice
2 Entire action ❑ Complaint only ❑ Petition only ❑ Cross complaint only
❑ Other (Specify)
LAWLER, FELIX & HALL
e'—J A eA d 1 1-,,
Dated May �3, 1974 —% �9 - - - k- VdW7
If
If dismissal requested is of specified parties oniv of specified Attorney(s) for laintiffs
causes of action only or of specified c oss complaints only so
state and Identify the parties causes of action or cross complaints Anthonie M Voogd
to be dismissed
(Type or print attorney(s) name(s))
TO THE CLERK Consent to the above dismissal is hereby given
Dated When a cross complaint (or Response (Marriage) seeking affirma Attorney(s) for
five relief) is on file the attorney(s) for the cross complainant
(respondent) must sign this consent when required by CCP
581(1) (2) or (5) — ----
(Type or print attorney(s) name(s))
(To be completed by clerk)
❑ Dismissal entered as requested on
❑ Dismissal entered on as to only
❑ Dismissal not entered as requested for the following reason(s) and attorney(s) notified on
Clerk
Dated By__ _ _ _ ---_—,_ Deputy
3 Form Adopted by Rule 982 of CCP 581 etc
The Judicial Council of California REQUEST FOR DISMISSAL Cal Rules of Court
PPvised Effective July 1 197? 1 1 1 C 11 i i nui i
Res No 3885
SIAlE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF HUNTINGTON BEACH )
I, ALICIA M WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven,
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 20th day
of May 19 74 by the following vote
AYES Councilmen
Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen
NOES Councilmen
None
ABSENT Councilmen
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California