Gross

In this condemnation action, the property owners, Robert Gross and Yolanda Gross (hereafter collectively Gross), appeal from a postjudgment order which had denied them litigation expenses on the ground that they had not complied with Code of Civil Procedure section 1250.410. That statute provides that a property owner must file a final demand for compensation and the condemnor, here the Santa Clara Valley Water District (the Water District), must file a final offer, both at least 30 days prior to the trial date. Entitlement to litigation expenses is thereafter conditioned upon a finding that the condemnor’s offer was unreasonable and the property owner’s demand was reasonable, in light of the amount of the judgment and the evidence adduced at trial.

Gross is a member of the board of directors of the Water District. Neither party made a section 1250.410 filing in this case because both believed that they were precluded from engaging in negotiations with one another by virtue of Government Code section 1090, which prohibits a board member from having any financial interest in any contract with his public agency or selling property to the agency.

The issue on appeal is a…