Jamison

Jamison v. Jamison

Good Law
164 Cal. App. 4th 714·2008 Cal. App. LEXIS 976·79 Cal. Rptr. 3d 561
Court of Appeal of CaliforniaJuly 2, 2008F049744California2,599 words

Opinion

Opinion

Levy, J.

Following the partition of property owned jointly by defendant and appellant, William O. Jamison, and plaintiffs and appellants, John O. Jamison, Sean O. Jamison, and Bryan O. Jamison, trial was held to value the property for the purpose of making adjustments by owelty. (Code Civ. Proc., § 873.250.) This property had been used as grazing land by the family for decades.

In his appeal, William challenges the trial court’s finding that dividing the property into 40-acre “ranchettes” is the highest and best use for four of the subject parcels. According to William, there is no substantial evidence to support the trial court’s conclusion that it is reasonably probable that such development will occur in the near future.

In the cross-appeal, John, Sean and Bryan, through Margaret Jamison as trustee and administrator of their estates (sometimes referred to collectively as John), argue that the owelty awarded to them for the four parcels was inadequate because the court’s value determination was not supported by substantial evidence. They further contend that prejudgment interest should have been awarded.

In the nonpublished part of this opinion we conclude the trial court’s…

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