Woodson

The Department of Transportation (Caltrans) filed a complaint in eminent domain against Bertrand H. Woodson and Besse M. Woodson as trustees of the B.H. & B.M. Woodson Family Trust dated May 16, 1990 (Woodsons). The jury awarded the Woodsons $1,876,750 as just compensation for their property. This figure exceeded Caltrans's final offer by $476,750. Nonetheless, the Woodsons' motion for litigation expenses was denied. The Woodsons claim the trial court erred in denying their request for litigation expenses, because Caltrans's final offer of compensation was unreasonable. We agree, and reverse and remand.

In furtherance of a freeway widening project, Caltrans sought title to the Woodsons' two-acre mobile home park. Caltrans filed a complaint in eminent domain. As trial approached, the Woodsons made a final demand of $1,695,000 pursuant to Code of Civil Procedure section 1250.410. Caltrans made a final offer of $1,400,000. The last business day preceding trial, Caltrans made an ex parte application to continue the trial date. The motion was granted and the trial was ultimately rescheduled for three and a half months later. Before the trial date, the Woodsons made an…