City of Gardena v. Rikuo Corp.

ORDER

This appeal arises from an eminent domain action filed by plaintiff and respondent City of Gardena (the City) against defendant and appellant Rikuo Corporation (defendant). In 2004, following a mediation, the parties, in a written settlement agreement, settled the eminent domain action and a related inverse condemnation action. In 2006, pursuant to a stipulation by the parties, *599 the trial court entered a “Judgment and Final Order of Condemnation” for both cases, retaining jurisdiction to determine the costs of ongoing remediation.

Defendant appeals from two orders, entered after the judgment, awarding and releasing to the City certain funds from the court-controlled deposit that was made under the judgment to cover the costs of remediation of the subject property. According to defendant’s statement of appealability, the two orders are appealable pursuant to Code of Civil Procedure section 904.1, subdivision (a)(2) 2 as orders entered after judgment. The City did not contest defendant’s statement of appealability in its respondent’s brief, but following a letter from this court asking for supplemental briefs on the appealability issue, 3 the City contends…