Chow

Poway Unified School District (District) appeals a judgment awarding litigation expenses to Jih Jung Chow and related parties (collectively Chow) incurred in a condemnation action where District acquired a middle school site on property owned by Chow. District contends the trial court erred because Chow did not move for litigation expenses “within 30 days after entry of judgment” as required by Code of Civil Procedure, section 1250.410, subdivision (b). As we shall explain, we conclude the trial court did not abuse its discretion in permitting the belated filing and, in any event, Chow substantially complied with the time limit. In addition, Chow is entitled to litigation expenses incurred on appeal. Accordingly, we affirm the judgment and remand with directions.

Procedural Background

District filed its complaint in eminent domain on February 7, 1992 and took possession of Chow’s property on May 2. On March 10, 1993, District’s final offer and Chow’s demand were exchanged. Judgment was filed on May 7, and entered on May 14, awarding just compensation for the property acquired and severance damage to the remainder. However, Chow’s counsel did not receive a copy of that…