Sobke

In these consolidated eminent domain actions brought by the City of San Diego (City), defendants Fred Sobke and Jesus Monzon appeal a judgment under Code of Civil Procedure section 631.8 favoring the City on their claim for compensation for lost goodwill. Defendants assert prejudicial evidentiary error. We affirm the judgment.

I

Introduction

Under the names Baja-Mex Insurance Services, Incorporated, and BajaMex Insurance and Money Exchange, defendants Sobke and Monzon operated businesses as tenants on two adjacent parcels condemned by the City for road improvement purposes. In the City’s consolidated eminent domain actions, Baja-Mex claimed entitlement to recover for loss of goodwill under section 1263.510 based upon decreased benefits accruing to its business as a result of its location after condemnation. The superior court granted the City’s motion to strike the testimony of Baja-Mex’s expert certified public accountant/attorney/appraiser Brian Brinig as based upon an unacceptable methodology for valuing the existence and loss of goodwill. The court then entered judgment favoring the City on Baja-Mex’s claim.

II

Factual and Procedural Background

Since 1975…