Barthelemy

Barthelemy v. Orange County Flood Control District

Good Law
1998 Cal. App. LEXIS 624·65 Cal. App. 4th 558·76 Cal. Rptr. 2d 575·98 Daily Journal DAR 7666·98 Cal. Daily Op. Serv. 5511
Court of Appeal of CaliforniaJuly 13, 1998E019638California5,363 words

Opinion

Opinion

Richli, J.

Under Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 Cal.Rptr. 1 , 500 P.2d 1345 ] (cited hereafter as Klopping), a landowner may recover in inverse condemnation for losses caused by a condemning entity’s unreasonable conduct prior to actual condemnation. This case presents the issue whether damages recoverable under Klopping include expenses incurred in purchasing and maintaining a new location for an ongoing business for the purpose of mitigating an anticipated loss of goodwill when the existing location is condemned. On the present facts, we conclude such expenses are not compensable Klopping damages.

I

Background

A. Factual Allegations

Because this appeal emanates from the granting of a motion for judgment on the pleadings, we assume the truth of the material factual allegations of the complaint. (Macias v. State of California (1995) 10 Cal.4th 844, 847, fn. 1 [ 42 Cal.Rptr.2d 592 , 897 P.2d 530 ].) Plaintiffs’ operative pleading, their first amended complaint, alleged in relevant part the following.

Since 1957, plaintiffs have owned and operated a dairy which includes about 90.47 acres in Chino, and another 120 acres about 3 miles away in Corona. The…

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