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Real Property
Eminent Domain
Condemnation

People of the State of California v. Tash Investments Properties, LLC, et al.

Published: Sep. 5, 2015 | Result Date: May 6, 2015 | Filing Date: Jan. 1, 1900 |

Case number: NC059085 Settlement –  $10,925,000

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Scott R. Fridell


Defendant

Edward G. Burg
(Manatt, Phelps & Phillips LLP)


Experts

Plaintiff

Joyce L. Riggs
(technical)

Defendant

Michael F. Waldron
(technical)

Facts

Caltrans filed an eminent domain action to acquire property in La Mirada, owned by Tash Investments, for the widening of the I-5 freeway. The property was a 1.96-acre parcel that contained a three-story office building.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff originally appraised the property at $8.8 million. Plaintiff's final appraisal of the property was $9,515,000. Plaintiff contended that Tash Investments was not entitled to recover pre-condemnation damages due to delay in the filing of the complaint.

DEFENDANT'S CONTENTIONS:
Tash Investments appraised the property at $11.6 million. Tash also sought pre-condemnation damages for rental losses due to delay in the filing of the complaint.

Result

The case settled for $10,925,000.

Other Information

Tash's claim for pre-condemnation damages was the subject of a motion to dismiss filed by Caltrans that was pending at the time of the mediation. In a previous action involving the same project and the same trial judge, the court had granted a similar motion to dismiss by Caltrans. MEDIATOR: Hon. Lawrence W. Crispo, ret. FILING DATE: Sept. 20, 2013.


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