Escondido Union School District v. Casa Sueños De Oro, Inc.

Good Law
129 Cal. App. 4th 944·29 Cal. Rptr. 3d 89
Court of Appeal of CaliforniaMay 26, 2005D043104California14,195 words

Opinion

Opinion

Irion, J.

These appeals from a $495,850 eminent domain judgment involve two parcels, each containing a manufactured home, owned by Casa Sueños De Oro, Inc. (Casa Sueños) and condemned by the Escondido Union School District (District) for construction of an elementary school.

District appeals, contending the judgment must be reversed because Casa Sueños was erroneously awarded compensation for the manufactured homes. In this regard, District attacks the trial court’s findings that (1) Health and Safety Code section 18551 was inapplicable to this condemnation proceeding and (2) the manufactured homes were improvements pertaining to the realty under Code of Civil Procedure sections 1263.205 and 1263.210. District also contends the court erred in admitting the testimony of Casa Sueños’s real estate appraiser, contending his valuation was incorrect on various grounds and his statement of valuation data was not timely exchanged under the pertinent discovery statutes.

Casa Sueños also appeals, contending the court abused its discretion by denying litigation expenses.

PROCEDURAL AND FACTUAL BACKGROUND

In 1999, Casa Sueños purchased a half-acre parcel on Fig Street in Escondido with the…

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