Zivelonghi
Department of Transportation v. Zivelonghi
Opinion
Lead Opinion
Rickles, J.
The trial court made an order awarding defendants’ litigation expenses in five consolidated eminent domain actions. This order was made after a valuation trial in three of the actions. Two of the defendants stipulated as to value, preserving their right to claim litigation expenses. Plaintiff appeals, contending the trial court erred in ruling plaintiff’s final offers pursuant to Code of Civil Procedure section 1250.410 were unreasonable.
*189 Facts
These five consolidated actions involved properties taken by plaintiff for a widening of the west side of Euclid Avenue.
Plaintiff claimed ownership of a 200-foot highway easement in Euclid Avenue.
Before filing the complaints in these actions, plaintiff made offers to each of the defendants pursuant to Government Code section 7267.2, as follows:
Zivelonghi $30,500
Pickering $12,200
Ressegue $12,700
Robert $86,200
Jones $ 3,035
These offers were based on the value of improvements only, because plaintiff claimed ownership of the land.
After a bifurcated trial on the issue of the width of the easement, the trial court determined plaintiff’s easement was 100 feet, entitling these defendants to compensation for 50…