Dreyfuss

Coachella Valley County Water District v. Dreyfuss

Good Law
154 Cal. Rptr. 467·1979 Cal. App. LEXIS 1641·91 Cal. App. 3d 949
Court of Appeal of CaliforniaApril 16, 1979Civ. 20370California3,047 words

Opinion

Opinion

Tamura, J.

This is an appeal by property owners from several postcondemnation judgment orders which collectively deny them ordinary court costs, interest for prejudgment possession by the con demner, and litigation expenses under Code of Civil Procedure section 1250.41Q.

In December 1976, Coachella Valley County Water District (plaintiff) filed a complaint in eminent domain to acquire numerous parcels of land, including parcel No. 30 owned by defendants, for flood control purposes. Defendants answered and the case was set for trial for April 24, 1978. On March 28, 1978, pursuant to stipulation, plaintiff obtained an order for immediate possession upon the deposit of $20,940 which sum was disbursed to defendants.

On April 3, 1978, plaintiff served and filed a final offer of compensation of $20,940 pursuant to section 1250.410. On April 5, 1978, defendants filed their final demand under the section for the sum of $36,645. The parties stipulated to waive the statutory requirement that the final offer and demand be filed 30 days prior to the date of trial.

On April 14, 1978, plaintiff served and filed its list of expert witnesses and a statement of valuation data which included the…

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