This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Eminent Domain
Just Compensation

Pasadena Community Development Commission v. David Kern, Nancy Kern, et al.

Published: Sep. 5, 1998 | Result Date: May 14, 1998 | Filing Date: Jan. 1, 1900 |

Case number: BC154492 Verdict –  $0

Judge

Kenneth R. Freeman

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph S. Avila

Regina N. Danner


Defendant

Christopher Sutton


Experts

Plaintiff

Francis Wolf Mason
(technical)

Defendant

Lawrence Pynes
(technical)

Facts

Plaintiff Pasadena Community Development Commission brought an eminent domain action to take defendants David and Nancy Kern's property and determine its value. The plaintiff brought this action against the defendant to eliminate blight pursuant to its redevelopment plan. The Development Commission contended the property was worth $600,000, per its expert's opinion. The defendants contended the property was worth $850,000, per their expert's opinion, based on an exclusive access easement, superior location, and on a comparable sales of nearby property.

Settlement Discussions

The plaintiff made a C.C.P. º1250.410 settlement offer for $660,000. The defendant made a C.C.P. º1250.410 demand for $730,000 at the mandatory settlement conference.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference held on Jan. 16, 1998, before the Hon. Michael J. Byrne resulted in no settlement. The defendants made motions for $76,700 in costs and litigation expenses, and additional prejudgment interest of $65,000.

Deliberation

four hours

Poll

12-0

Length

five days


#115059

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390