RUDVALIS

City of Carlsbad v. RUDVALIS

Good Law
109 Cal. App. 4th 667·135 Cal. Rptr. 2d 194·2003 Cal. App. LEXIS 845·2003 Cal. Daily Op. Serv. 4950
Court of Appeal of CaliforniaJune 10, 2003D039112California8,897 words

Opinion

Opinion

O'Rourke, J.

In consolidated eminent domain actions brought by the City of Carlsbad (the City), the City appeals from a portion of a judgment in favor of defendants Joseph A. Rudvalis and Barbara G. Rudvalis (collectively Rudvalis) as trustees of the Joseph and Barbara Rudvalis Family Trust UDT 6/7/89 and Pamela Koide. Both Rudvalis and Koide own commercial nurseries. Among other damages, the jury awarded defendants severance damages consisting of diminution in value of nursery improvements and personal property on the theory the City’s project, a road extension, accelerated residential development, thereby shortening the economic life of the nurseries and rendering their nursery assets valueless. The City also appeals a postjudgment order awarding defendants their litigation expenses and costs. The City’s main contention is that defendants are not entitled to damages for diminution in value to tangible business assets suffered as a consequence of accelerated urbanization not directly or proximately caused by the road project or the taking in and of itself. We agree and therefore reverse the judgment with directions that the superior court enter a new judgment omitting those damage…

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