Matkin

Community Redevelopment Agency of the City of Santa Ana (the City) appeals an order awarding litigation expenses to O. A. Matkin and Dorothy Matkin in the underlying condemnation action. The threshold issue is whether the Matkins, in failing to serve a demand for compensation 30 days before the originally scheduled trial date, forfeited their right to recover their litigation expenses pursuant to Code of Civil Procedure section 1250.410 14 . The City contends the court erred, as a matter of law, in finding the Matkins’ demand was timely. Alternatively, it assigns error to the court’s calculation of the amount of the award.

I.

The City filed the underlying lawsuit on February 28, 1985, to acquire the subject property for use in connection with the Santa Ana Auto Center project. In accordance with section 1255.070, the City deposited the sum of $594,500 in the county treasury; $580,000 represented the appraised value of the land and improvements as of October 3, 1984, and $14,500 represented the value of fixtures and equipment.

The Matkins answered on May 10th, objecting to the City’s right to take the property. The City then filed an ex parte motion to specially set a…