Schultz
Lake County Sanitation District v. Schultz
Opinion
Opinion
Taylor, J.
The property owners, Robert Schultz, Sr., and Robert Schultz, Jr. (Schultz), appeal from an order after judgment granting reimbursement for certain litigation expenses pursuant to former Code of Civil Procedure section 1249.3, incurred when Schultz went to trial on the issue of valuation of their property condemned by Lake County Sanitation District, a subdivision of the County of Lake (Lake County). On their appeal, Schultz contend that the trial court erred by limiting the recovery of their litigation expenses to those incurred within 30 days before the trial; Schultz also seek attorney fees and costs on this appeal. Lake County on its cross-appeal argues that the court erred in finding that its superseded offer of $165,000 constituted a concession that its final offer of $125,875 was unreasonable, and that since no substantial evidence supports the trial court’s finding that its final offer for the Schultz property was unreasonable, no litigation expenses at all should have been awarded to Schultz. For the reasons set forth below, we have concluded that there is no merit to Lake County’s cross-appeal and that the trial court erred in denying Schultz the-litigation…