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  3. Summons

AMENDED SUMMONS Case No. STK-CV-UED-2026-0001182 Notice to Defendant: M&L REFRIGERATED TERMINAL, INC., a California Corporation, CITY OF STOCKTON REDEVELOPMENT AGENCY, BAC COMMUNITY BANK, a California corporation, B OF A & C SERVICE CORPORATION, a California Corporation, BAY AREA EMPLOYMENT DEVELOPMENT COMPANY, a California Nonprofit Corporation, OLD REPULIC TITLE COMPANY, a California corporation, THE U.S. SMALL BUSINESS ADMINISTRATION, FRANK S. BOGGS, ALG HOLDING, an Idaho Corporation, AND ALL PERSONS HAVING OR CLAIMING AN INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT; and DOES 1 through 50, inclusive YOU ARE BEING SUED BY PLAINTIFF: STOCKTON PORT DISTRICT, a California Public Agency NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below. You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may be taken without further warning from the court. There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case. The name and address of the court is: Superior Court of California, County of San Joaquin, 180 E. Weber Avenue, Stockton, CA. The name, address, and telephone number of plaintiff's attorney or plaintiff without an attorney is: John M. Luebberke, SBN 164893, Herum Crabtree Suntag, LLP, 5757 Pacific Avenue, Suite 222, Stockton, CA 95207, 209-472-7700. Date: February 26, 2026 Stephanie Bohrer, Clerk Haley Studer, Deputy SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN JOAQUIN Case No. STK-CV-UED-2026-0001182 NOTICE OF PENDENCY OF EMINENT DOMAIN ACTION STOCKTON PORT DISTRICT, a California Public Agency, Plaintiff, vs. M&L REFRIGERATED TERMINAL, INC., a California Corporation, CITY OF STOCKTON REDEVELOPMENT AGENCY, BAC COMMUNITY BANK, a California corporation, B OF A & C SERVICE CORPORATION, a California Corporation, BAY AREA EMPLOYMENT DEVELOPMENT COMPANY, a California Nonprofit Corporation, OLD REPULIC TITLE COMPANY, a California corporation, THE U.S. SMALL BUSINESS ADMINISTRATION, FRANK S. BOGGS, ALG HOLDING, an Idaho Corporation, AND ALL PERSONS HAVING OR CLAIMING AN INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT; and DOES 1 through 50, inclusive, Defendants. PLEASE TAKE NOTICE that this action was commenced in the above-named court on February 19, 2026, by the above-named plaintiff against the above-named defendant(s) and is now pending; that the purpose of the action is to condemn and take by right of eminent domain the real property described below, and each and every interest in it, for the purpose of acquiring the real property for the stated public purpose; and that the real property referred to here and affected by this action is located in the County of San Joaquin, California, is commonly known as a portion of San Joaquin County Assessor's Parcel Nos. 145-040-01 & 145-030-03, and is more particularly described in the legal description attached hereto and incorporated herein as Exhibits A and B. The names of the owners and occupants of the real property described above are set forth immediately below, namely: Name of Defendant: M&L REFRIGERATED TERMINAL, INC., a California Corporation, Possible Interest in Subject Property: Fee Simple Name of Defendant: CITY OF STOCKTON REDEVELOPMENT AGENCY, Possible Interest in Subject Property: PORT INDUSTRIAL REDEVELOPMENT PLAN Name of Defendant: BAC COMMUNITY BANK, a California Corporation, Possible Interest in Subject Property: BENEFICIARY OF DEED OF TRUST Name of Defendant: B OF A & C SERVICE CORPORATION, a California Corporation, Possible Interest in Subject Property: TRUSTEE OF DEED OF TRUST Name of Defendant: BAY AREA EMPLOYMENT DEVELOPMENT COMPANY, a California Nonprofit Corporation, Possible Interest in Subject Property: BENEFICIARY OF DEED OF TRUST Name of Defendant: OLD REPULIC TITLE COMPANY, a California corporation, Possible Interest in Subject Property: TRUSTEE OF DEED OF TRUST Name of Defendant: THE U.S. SMALL BUSINESS ADMINISTRATION, Possible Interest in Subject Property: BENEFICIARY OF DEED OF TRUST Name of Defendant: FRANK S. BOGGS, Possible Interest in Subject Property: ROADWAY EASEMENT Name of Defendant: ALG HOLDINGS, an Idaho Corporation, Possible Interest in Subject Property: GRANT DEED USE RESTRICTIONS For further particulars, you are referred to the pleadings on file in this lawsuit with the San Joaquin County Superior Court, 180 E Weber Ave, Stockton, CA 95202, Stockton, California 95207. Dated: February 18, 2026 Herum Crabtree Suntag ,LLP John M. Luebberke Attorney for Plaintiff Stockton Port District EXHIBIT A LEGAL DESCRIPTION Lying within the City of Stockton, County of San Joaquin, State of California, and being that portion of the lands of M&L Refrigerated Terminal, Inc., a California corporation, as described by Grant Deed and Use Restriction recorded under Document Number 2017-018022, San Joaquin County Records, more particularly described as follows: COMMENCING at the southwest corner of Lot 11 of Block 16 of Boggs Tract Subdivision No. 2; thence along the northerly line of said lands of M&L Refrigerated Terminal, Inc., South 78°20'09" West 233.80 feet to the POINT OF BEGINNING; thence continuing along said northerly line, South 78°20'09" West 15.37 feet to the northwesterly corner of said lands of M&L Refrigerated Terminal, Inc., marked by a 1-inch iron pin, no tag; thence along the westerly line of said lands of M&L Refrigerated Terminal, Inc., along a non-tangent curve to the left, the radius point of which bears South 89°16'02" East 499.97 feet, through a central angle of 10°36'05", for a length of 92.51 feet; thence leaving said westerly line, North 80°07'53" East 15.00 feet; thence along a non-tangent curve to the right, the radius point of which bears North 80°07'53" East 484.97 feet, through a central angle of 10°59'28", for a length of 93.03 feet to the POINT OF BEGINNING. Containing 1,392 square feet, more or less. Being a portion of APN 145-030-03 Basis of Bearings: The California Coordinate System, Zone 3, NAD 83, Epoch 2017.50, as determined locally by a line between Continuous Global Positioning Systems stations P257 and P273, being North 10°02'25.4" East as derived from geodetic values published by the California Spatial Reference Center. EXHIBIT B LEGAL DESCRIPTION Lying within the City of Stockton, County of San Joaquin, State of California, and being that portion of the lands of M&L Refrigerated Terminal, Inc., a California corporation, as described by Grant Deed and Use Restriction recorded under Document Number 2017-018024, San Joaquin County Records, more particularly described as follows: COMMENCING at the southwest corner of Lot 11 of Block 16 of Boggs Tract Subdivision No. 2; thence along the southerly line of said lands of M&L Refrigerated Terminal, Inc., South 78°20'09" West 233.80 feet to the POINT OF BEGINNING; thence continuing along said southerly line, South 78°20'09" West 15.37 feet to the southwesterly corner of said lands of M&L Refrigerated Terminal, Inc., marked by a 1-inch iron pin, no tag; thence along the westerly line of said lands of M&L Refrigerated Terminal, Inc., along a non-tangent curve to the right, the radius point of which bears South 89°16'02" East 499.97 feet, through a central angle of 9°53'36", for a length of 86.33 feet; thence leaving said westerly line, South 79°22'26" East 15.00 feet; thence along a non-tangent curve to the left, the radius point of which bears South 79°22'26" East 484.97 feet, through a central angle of 9°30'13", for a length of 80.44 feet to the POINT OF BEGINNING. Containing 1,251 square feet, more or less. Being a portion of APN 145-040-01 Basis of Bearings: The California Coordinate System, Zone 3, NAD 83, Epoch 2017.50, as determined locally by a line between Continuous Global Positioning Systems stations P257 and P273, being North 10°02'25.4" East as derived from geodetic values published by the California Spatial Reference Center. IPL0323471 Mar 20,27,Apr 3,10 2026
Post Date: 03/20 12:00 AM
Refcode: #IPL0323471 
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