People Ex Rel. Department of Transportation v. Societa Di Unione E Beneficenza Italiana

Defendant Societa Di Unione E Beneficenza Italiana appeals from an order denying its motion for an award of attorney’s and appraiser’s fees under former Code of Civil Procedure section 1249.3 following jury trial of an eminent domain action filed by the State of California to acquire its property.

The thrust of the appeal is in three parts: First, the trial court erred in considering only the final settlement offer tendered by plaintiff; second, the final offer should have been ignored since it was untimely made after the statutory cut-off of 30 days; and third, the court’s finding of reasonableness of the state’s offer was improperly derived because it applied a mechanical test measuring only whether the offer or demand was closer to the award.

The trial court properly looked to the final offer as a basis for denying or awarding fees. It also correctly considered the state’s last offer even if tendered late. However, the reasonableness of the offer, we believe, involves more than the comparison of settlement offers with the final award. Accordingly, we reverse and remand.

On October 8, 1974, the State of California instituted proceedings in eminent domain after…