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Real Property
Eminent Domain
Just Compensation

People of the State of California v. Erreca's, Inc., et al.

Published: Oct. 25, 1997 | Result Date: Sep. 19, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 00701599 Verdict –  $3,780,000

Judge

Philip D. Sharp

Court

San Diego Superior


Attorneys

Plaintiff

Kathleen A. Corrigan

David J. Lopez


Defendant

Jeffrey R. Blease

Rhonda J. Thompson


Experts

Plaintiff

Jeff Donahue
(technical)

Gilbert F. Kunkel
(technical)

Phil Kiefer
(technical)

Gary Londow
(technical)

Trish Cartwright
(technical)

Defendant

Richard Crokett
(technical)

Nevin Sanli
(technical)

Albert A. Schlarmann
(technical)

Facts

Defendants, including Erreca's, Inc., were owners of a total of 3.92 acres in Spring Valley, San Diego, for more than 37 years. Under the eminent domain law, the State gave notice of condemnation to the defendant property owners in February 1994. The taking caused a 42-year-old business owned by defendant, Erreca's, Inc., to relocate to a more expensive site at Slaughterhouse Canyon Road, resulting in a loss of goodwill in addition to the loss of the land and its improvements. The plaintiff brought this eminent domain action against the defendants.

Settlement Discussions

The plaintiff made a settlement demand of $3 million (per plaintiff), $1,950,000 (per defendant). The defendant offered to settle at $5 million (per plaintiff), $4.4 million (per defendant).

Other Information

The verdict was reached approximately one year and one month after the case was filed. A motion to determine fees, costs, and other litigation expenses is pending in Dept. 29. Plaintiff claims no motion is pending.

Deliberation

1-2 hours

Poll

Per plaintiff, 9-3. Per defendant, no poll taken.

Length

12 days


#79774

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