Israni

*626 Opinion

Ashok Israni filed a petition for writ of mandate after the trial court denied his application to vacate its prior order granting the City of San Diego’s (City) ex parte application in a condemnation action for an order of immediate possession (OIP) of his property. On the effective date of the OIP, and for some 10 years previously, the property had been leased to the Vietnam Veterans of San Diego, Inc. (VVSD) for use as a homeless services center. Israni contends: (1) he was denied his right to procedural due process; (2) he had standing to assert under Code of Civil Procedure 1 section 1255.410, subdivision (c) (hereafter section 1255.410(c)) that City did not have an urgent need for immediate possession of the property; (3) there is no substantial evidence to show City had a section 1255.410(c) urgent need for immediate possession; (4) the trial court erred by finding the OIP did not create a substantial hardship on Israni that would have warranted a section 1255.420 stay of the OIP; and (5) the trial court erred by finding there was no reasonable probability he would prevail on his challenge to City’s right to take the property that would justify a section…

In my view there is no substantial evidence in the record of this case to support the trial court’s implied finding that the City of San Diego (City) had an urgent need for immediate possession of Ashok Israni’s property (the Property). (See Code Civ. Proc., § 1255.410, subd. (c).) 1 It is also my view that the trial court abused its discretion by denying Israni’s request for a section 1255.420 stay of the order of immediate possession (OIP). I would grant the petition for writ of mandate and direct the trial court to vacate its order for immediate possession issued August 22, 2000.

The trial court issued the OIP under section 1255.410, subdivision (c) to be effective September 13, 2000. A showing of an urgent need for immediate possession is a condition to the issuance of the OIP under section 1255.410, subdivision (c). City did not show it had an urgent need for possession of the Property before September 15, 2000.

City’s resolution authorizing condemnation of the Property stated that it was needed by City to assure the existence of a transitional housing facility *647 in accordance with the homeless assistance element of the San Diego Naval Training Center Reuse Plan and to…

Casey Gwinn, City Attorney, and Paul G. Edmondson, Deputy City Attorney, for Real Party in Interest City of San Diego.

Luce, Forward, Hamilton & Scripps, Christopher K. Barnette and Brian C. Fish, San Diego, for Real Party in Interest Vietnam Veterans of San Diego, Inc.

HUFFMAN, Acting P.J.

Ashok Israni filed a petition for writ of mandate after the trial court denied his application to vacate its prior order granting the City of San Diego's (City) ex parte application in a condemnation action for an order of immediate possession (OIP) of his property. On the effective date of the OIP, and for some 10 years previously, the property had been leased to the Vietnam Veterans of San Diego, Inc. (VVSD) for use as a homeless services center. Israni contends: (1) he was denied his right to procedural due process; (2) he had standing to assert under Code of Civil Procedure [1] section 1255.410, subdivision (c) (hereafter § 1255.410(c)) that City did not have an urgent need for immediate possession of the property; (3) there is no substantial evidence to show City had a section 1255.410(c) urgent need for immediate possession; (4) the trial court erred by finding the OIP did not create a…