Camp

Following judgment in a condemnation action, defendants made a timely motion for award of attorneys’ and expert witness’ (appraiser’s) fees under former Code of Civil Procedure section 1249.3. The motion was denied. They appeal from order denying the motion.

On January 9, 1974, the City of Gardena (City) filed a complaint in eminent domain to condemn for street widening purposes a portion of defendant’s property, a 10-foot wide strip of land, part of a larger parcel. Pursuant to court order, the City took immediate possession of the property.

,A.t a final pretrial conference on July 29, 1975, the parties exchanged appraisal reports, that of defendants showing the value of the property to be $50,756.50 which included $21,420 as severance damages, and the City’s appraisal showing the amount of $26,750 which included no severance damages, the City’s appraiser having concluded there were none. A mandatory settlement conference was held, but no settlement was reached principally because of the differing opinions of the parties’ appraisers regarding severance damages. By stipulation the parties included in the mandatory settlement conference order the City’s final offer of…