Motion for Order Permitting Right of Entry on Property
26CV000957: CITRUS HEIGHTS WATER DISTRICT vs ASHWANI KUMAR AND TERESITA KUMAR, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP 06/10/2026 Hearing on Motion for Order Permitting Right of Entry on Property in Department 8D
Tentative Ruling
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26CV000957: CITRUS HEIGHTS WATER DISTRICT vs ASHWANI KUMAR AND TERESITA KUMAR, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP 06/10/2026 Hearing on Motion for Order Permitting Right of Entry on Property in Department 8D
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****NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT WILL MOVE TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. MOTIONS NOTICED FOR DEPARTMENT 25 WILL BE HEARD IN DEPARTMENT 8D OF THE NEW COURTHOUSE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION*****
Petitioner Citrus Heights Water Districts (Petitioner) petition for an order permitting entry to and investigation of property owned by respondents Ashwani Kumar and Teresita Kumar (Respondents) is UNOPPOSED and GRANTED. Petitioner brings the petition to enter the property known as 7505 Greenback Lane in Citrus Heights (the Property), which contains a single-family residence and an accessory dwelling unit, to conduct a limited environmental assessment. (Jordan Decl., ¶ 2.) The Property has been determined to be unsafe for occupation due to issues with the Propertys wiring, plumbing, and water heater. (Ibid.)
Due to the condition of the Property, there is no known occupant of the Property. (Ibid.) The proposed site inspection will consist of minimally invasive surveying, measuring, and photographing of structures and will take approximately one day. (Jordan Decl., ¶¶ 6-7.) The value of the survey is estimated to be $51, which Petitioner has been deposited with the Court. (Snarr Decl., ¶ 5.) Petitioner has attempted to contact Respondents by telephone calls, text messages, and through in-person appearance at the Property to acquire consent to enter the Property; however, Petitioner was unsuccessful in its efforts to contact Respondents. (Snarr Decl., ¶ 6.)
The Property appeared to be vacant when visited on April 3, 2026. (Snarr Decl., ¶ 6.) Code of Civil Procedure section 1245.010 states, Subject to requirements of this article, any person authorized to acquire property for a particular use by eminent domain may enter upon property to make photographs, studies, surveys, examinations, tests, . . . or to engage in similar
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
26CV000957: CITRUS HEIGHTS WATER DISTRICT vs ASHWANI KUMAR AND TERESITA KUMAR, HUSBAND AND WIFE, AS COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP 06/10/2026 Hearing on Motion for Order Permitting Right of Entry on Property in Department 8D
activities reasonably related to acquisition or use of the property for that use. A public agency can petition the Court for an order granting the right to enter the property. (Code Civ. Proc., §§ 1245.020, subd. (b), 1245.030, subd. (a).) The Court is required to determine the purpose for the entry, the nature and scope of the activities reasonably necessary to accomplish such purpose, and the probable amount of compensation to be paid to the owner of the property for the actual damage to the property and interference with its possession and use, if appropriate. (Code Civ.
Proc., § 1245.030, subd. (b).) After such determination, the Court may issue its order permitting the entry. (Code Civ. Proc., § 1245.030, sub. (c).) The Order shall prescribe the purpose for the entry and the nature and scope of activities to be undertaken, and if appropriate, shall require the person seeking to enter to deposit with the Court the probable amount of compensation. (Ibid.) The Court has reviewed the submitted declarations and finds that they sufficiently describe the purpose for the entry, scope of activities to be performed, and probable amount of compensation to be paid to the owners.
The Court also notes that no opposition has been filed. Therefore, the petition is GRANTED. The Court will sign the proposed order submitted with the moving papers. This minute order is effective immediately.