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Santa Fe Pacific Pipelines v. Sup. Ct.

Santa Fe Pacific Pipelines v. Sup. Ct.
07/27/06

Santa Fe Pacific Pipelines v. Sup. Ct.



Filed 7/26/06 Santa Fe Pacific Pipelines v. Sup. Ct. CA1/4






NOT TO BE PUBLISHED IN OFFICIAL REPORTS




California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



FIRST APPELLATE DISTRICT



DIVISION FOUR










SANTA FE PACIFIC PIPELINES, INC., et al.,


Petitioners,


v.


THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO,


Respondent;


UNION PACIFIC RAILROAD COMPANY,


Real Party in Interest.



A113858


(San Francisco County


Super. Ct. No. 963433)



Petitioners Santa Fe Pacific Pipelines, Inc., and SFPP, L.P., (collectively, Santa Fe) seek relief by way of an extraordinary writ from the trial court's decision to award prejudgment interest. We agree with Santa Fe that the motion for prejudgment interest by real party in interest Union Pacific Railroad Company (Union Pacific) was untimely.


BACKGROUND


Union Pacific commenced this case in 1994. Since then there have been two trials and two appeals. (See Southern Pacific Transportation Co. v. Santa Fe Pacific Pipelines, Inc. (1999) 74 Cal.App.4th 1232 (Southern Pacific); Union Pacific Railroad Company v. Santa Fe Pacific Pipelines, Inc. (Feb. 23, 2005, A103990) [nonpub. opn.] [2005 WL 419674].)[1]


The parties' dispute is over how to calculate the rental value of certain pipeline easements. Santa Fe operates a system of underground hydrocarbon pipelines on rights-of-way owned by Union Pacific. Santa Fe pays rent to Union Pacific for that privilege.


The trial court determined a â€





Description The parties' dispute is over how to calculate the rental value of certain pipeline easements. Santa Fe operates a system of underground hydrocarbon pipelines on rights-of-way owned by Union Pacific. Santa Fe pays rent to Union Pacific for that privilege. The trial court determined a â€
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