Joffe

Joffe v. City of Huntington Park

Good Law
134 Cal. Rptr. 3d 868·201 Cal. App. 4th 492·2011 Cal. App. LEXIS 1524
Court of Appeal of CaliforniaNovember 9, 2011No. B222880California6,791 words

Opinion

Lead Opinion

Croskey, J.

The plaintiffs, Ashley Joffe (Joffe) and Plycraft Industries, a California corporation (Plycraft) (collectively, plaintiffs) appeal from the judgment of dismissal entered by the trial court following its order sustaining without leave to amend the demurrer of two defendants 1 to plaintiffs’ cause of action for inverse condemnation.

This case raises issues concerning the application of the Supreme Court’s landmark decision in Klopping v. City of Whittier (1972) 8 Cal.3d 39 [ 104 *498 Cal.Rptr. 1 , 500 P.2d 1345 ] (Klopping). Plaintiffs claimed that the City defendants had effectively destroyed their furniture business and caused a devaluation of their property by publicly and privately expressing an intent to acquire that property. The City defendants ultimately did not proceed with such condemnation, however, and plaintiffs filed this action to recover damages on a theory of inverse condemnation.

In Klopping, the Supreme Court held that “a condemnee must be provided with an opportunity to demonstrate that (1) the public authority acted improperly either by unreasonably delaying eminent domain action following an announcement of intent to condemn or by other…

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