County of San Diego v. Cabrillo Lanes, Inc.

Good Law
10 Cal. App. 4th 576·12 Cal. Rptr. 2d 613·1992 Cal. App. LEXIS 1238·92 Daily Journal DAR 14301·92 Cal. Daily Op. Serv. 8648
Court of Appeal of CaliforniaOctober 1, 1992D014814California3,244 words

Opinion

Opinion

Kremer, J.

Cabrillo Lanes, Inc. (Cabrillo) appeals a judgment awarding compensation in an eminent domain action. On appeal, Cabrillo contends the court erred by excluding some items from the compensation award, by selecting the wrong valuation date and by allowing expert testimony on an improper appraisal approach. We affirm.

Facts

On May 16, 1985, the County of San Diego (County) filed a condemnation action to acquire property for a trolley station. Cabrillo was a tenant on the property operating a bowling alley.

In July 1985, the County deposited $1.4 million as probable compensation with the County Treasury pursuant to Code of Civil Procedure section 1255.010, subdivision (a). On July 11, 1985, the court issued an order for possession of the property.

The court authorized the owners of the property to withdraw some of the $1.4 million deposited. In July 1987, the County and owners of the property settled, with the County agreeing to pay the property owners compensation of $2,015,627 plus interest less the money already withdrawn. All parties, including Cabrillo, agreed to allow the property owners to withdraw the remaining amount of money deposited by the County.

Although…

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