San Diego Gas & Electric Co. v. Moreland Investment Co.

San Diego Gas & Electric Company (SDG&E) brought a condemnation proceeding to acquire real property owned by appellant Union Oil Company of California (Union) and leased by Union to appellant Moreland Investment Company (Moreland). On February 4, 1983, SDG&E filed and served a final offer pursuant to section 1250.410 of the Code of Civil Procedure to pay $2.7 million for the property. Union/Moreland’s final demand filed on February 1, 1983, was in the amount of $3.5 million. The trial date which had been scheduled for February 1983 was continued on more than one occasion and finally scheduled for July 30, 1984. No trial department was available on that date and the trial was again continued. On August 14, 1984, SDG&E filed and served a document accepting Union/ Moreland’s final demand for compensation and agreed to pay the $3.5 million. Then on August 23, 1984, Union/Moreland submitted a new “First *1154 Revised Final Demand for Compensation” now asking for $4.2 million plus interest and litigation expenses. The trial court found that a settlement agreement had been reached and on that basis entered an interlocutory judgment on December 21, 1984. Union/Moreland appeal,…