Chhour

Jong Seau Chhour v. Community Redevelopment Agency

Good Law
1996 Cal. App. LEXIS 542·46 Cal. App. 4th 273·53 Cal. Rptr. 2d 585·96 Daily Journal DAR 6583
Court of Appeal of CaliforniaMay 8, 1996G015413California4,541 words

Opinion

Opinion

Crosby, J.

Small-business owner Jong Seau Chhour appeals the dismissal of his inverse condemnation action after the superior court sustained a demurrer without leave to amend. He claims he was entitled to seek compensation for loss of business goodwill and for damage to other business property. We reverse in part and otherwise affirm.

I

The first amended complaint alleged plaintiff was the owner of CBS Seafood Restaurant. He leased space in the Valley View Shopping Center, located in Buena Park, from Pine Realty, Inc. He had improved the premises, installed fixtures and equipment, and purchased inventory and. supplies. His business was established and had repeat patronage.

The shopping center lease provided in article 15, “Eminent Domain,” that it would terminate if the property was taken by eminent domain, which included a voluntary sale by the landlord under the threat of condemnation. The lease stated, “all damages awarded or other sums or awards paid on account of any condemnation or taking under the power of eminent domain of the Demised Premises . . . shall belong to and be the sole property of Landlord, whether such damages or other sums are awarded as compensation for…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.