Salami
People Ex Rel. Department of Transportation v. Salami
Opinion
Opinion
Hinz, J.
Introduction
Defendant and appellant Bonyan Salami (Salami) appeals the judgment in an action in eminent domain by the People of the State of California (State), awarding him $940,000 for his property taken for construction of the Century Freeway.
Salami contends the trial court erred in instructing the jury on the burden of proof on the issue of goodwill. He also contends, for the first time on appeal, that the trial was unfair because the trial court did not conduct voir dire during jury selection on the subject of racial prejudice.
We reverse the judgment in regard to the issue of the value of the loss of goodwill and otherwise affirm the judgment.
Factual and Procedural Background
In 1984, the State, on behalf of the Department of Transportation, filed a complaint in eminent domain against Salami for property located on Aviation Boulevard, where Salami operated a restaurant called the Eagle’s Nest.
The action was tried before a jury in 1988. The jury found the amount of just compensation was $940,000, based on the date of value of December 20, 1984.
At trial, the parties entered a stipulation in regard to the issue of loss of goodwill.