People of the State of California v. Grigory Zubkis, Rimma Zubkis, et al.
Published: Apr. 29, 2006 | Result Date: Jan. 30, 2006 | Filing Date: Jan. 1, 1900 |Case number: GIC8391211 Settlement – $2,750,000
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Vincent J. Bartolotta Jr.
(Thorsnes Bartolotta McGuire LLP)
Experts
Plaintiff
Sara Schwartzentraub
(technical)
Defendant
Stefen Gustafson
(technical)
Albert A. Schlarmann
(technical)
Ron Teshima
(technical)
E. Robert Bichowsky
(technical)
Facts
The State of California condemned defendant's single family residence for highway purposes.
Contentions
PLAINTIFF'S CONTENTIONS:
The state contended property was run down, lacked permits for improvements and had a value of only $1.57 million based on the sales comparison approach.
DEFENDANTS' CONTENTIONS:
Defendants contended that the property's value was much higher, and that the comparative sales approach to valuation was inapplicable because the property was unique. According to plaintiff's counsel, defendants' appraiser declared the property was worth $6.5 million.
Settlement Discussions
The value of property and improvements was disputed during settlement discussions. According to plaintiff's counsel, the primary area of dispute was whether the basement should be included in the square footage and whether the property was so unique that the sales comparison approach was inapplicable. The state's pre-condemnation offer was $1 million. The parties settled prior to trial for $2.75 million, the state's final offer, plus interest from the time the state took possession to the date of payment. Total settlement amount was $2,790,711.
Damages
Damages claimed was the full taking of defendants' property.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390