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Real Property
Eminent Domain
Commercial Business Goodwill

The Regents of the University of California v. Aaron H. Sheily, DDS

Published: Oct. 1, 2002 | Result Date: Apr. 29, 2002 | Filing Date: Jan. 1, 1900 |

Case number: BC235104 Verdict –  $0

Court

L.A. Superior Central


Attorneys

Plaintiff

David Skinner


Defendant

Gerald Greene


Experts

Plaintiff

Aaron D. Amster
(technical)

Defendant

Donna Desmond MacCabee
(technical)

Facts

The defendant, a dentist, moved into a medical office building located at 1502 Wilshire Blvd., Santa Monica, in
June 1996. He purchased a leasehold interest in the building and established his practice.
On June 1, 1999, he received a letter from UCLA which informed him that the Regents were in the process of
acquiring the building and offered him relocation assistance. On a monthly basis, UCLA provided him with
lists of available suitable locations to which he could move.
In January 2000, UCLA representatives met with the tenants of the building and informed them that they
would have to be out of the building by Nov. 30, 2000. On Aug. 14, 2000, the Regents of the University of
California brought this action in eminent domain.
The defendant, with others, purchased a building in Marina Del Rey for $1.1 million and invested
another $600,000 to convert it into medical offices.

Settlement Discussions

The defendant dentist submitted a demand of $225,000; the plaintiff Regents offered $35,000.

Damages

The defendant claimed he lost $423,000 in business goodwill as a result of the relocation. The plaintiff maintained that the goodwill of the practice was valued at $216,000, and that the defendant had sustained a maximum loss of $30,000 as a result of the Regents taking over the building.

Deliberation

1 1/2 hours

Length

four days


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