Gianni
People Ex Rel. Department of Water Resources v. Gianni
Opinion
Opinion
Caldecott, J.
This is an action to condemn land in Contra Costa County. Respondents John Saich, Ann Saich, Robert Saich and Ralph Saich were the owners and lessors of the land. Appellants Louis Gianni and Giovanni Sani were the lessees under a crop and share lease. The action was filed on April 17,1967. The state obtained an order of immediate possession on August 24, 1967, and took possession of the property on August 30, 1967. The state elected a bifurcated trial under Code of Civil Procedure section 1246.1.
Before trial, a settlement was reached between the state and the appellants and respondents. A stipulation for judgment and judgment in condemnation were filed April 7, 1970 setting a total award of $270,000 and was without prejudice to the apportionment phase of the action. A “final order of condemnation” was filed on April 28, 1970.
The apportionment phase of the action began on March 30, 1970. On June 15, 1970 the trial judge stated his preliminary findings of fact and conclusions of law. He found a ten-and-one-half-year lease with a three-year option, and ruled against the appellants’ claim of an additional two-year oral option. This would mean that the lease terminated in…