Baca

City of Livermore v. Baca

Good Law
141 Cal. Rptr. 3d 271·2012 Cal. App. LEXIS 579·205 Cal. App. 4th 1460·2012 WL 1699879
Court of Appeal of CaliforniaMay 16, 2012No. H034835California4,672 words

Opinion

Lead Opinion

Rushing, J.

Dennis E. Baca appeals a judgment entered in an action for eminent domain commenced by the City of Livermore. On appeal, Mr. Baca asserts the trial court erred in excluding all of his proffered evidence of permanent and temporary severance damages related to the takings during in limine motions. Mr. Baca argues the court’s exclusion of all of his evidence was tantamount to granting a nonsuit in favor of the City of Livermore. In addition, Mr. Baca claims the trial court erred in its definition of the project, including work by the State of California, which was not a party to this condemnation action. Mr. Baca urges this court to reverse the judgment.

Statement of the Facts and Case

In this action for eminent domain, respondent City of Livermore (City) sought three takings of portions of commercial property owned by appellant, *1464 Dennis Baca (Baca). Baca owns the Airport Executive Center in Livermore, consisting of four separate parcels, each containing a commercial building completed in 2005. The buildings are located between Kitty Hawk Road to the west, and Rutan Drive to the east, with East Airway Boulevard fronting a portion of all four buildings.

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