California Diesel & Equipment, Inc. v. Sun Exploration and Production Company

990 F.2d 1256 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. CALIFORNIA DIESEL & EQUIPMENT, INC., Plaintiff-Appellee, v. SUN EXPLORATION AND PRODUCTION COMPANY, Defendant-Appellant. No. 91-55894. United States Court of Appeals, Ninth Circuit. Submitted Feb. 3, 1993. * Decided March 18, 1993. Before HUG, SKOPIL and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 The issue in this case is whether the appraisal of $440,000 reflects the value of the property in its undivided state or whether it reflects the value of a lot that has been divided in a manner that satisfied local government requirements. The district court, acting on our remand in California Diesel v. Sun Exploration, Nos. 89-55720, 89-55623, unpublished disposition (9th Cir. Nov. 7, 1990), found inter alia that (1) the assessed property value at the time of the breach ($440,000) did not include the $100,000 cost of the lot split; and (2) the $100,000 should be added to the $440,000 value of the estate to be…