State of California Department of Transportation v. Clauser/Wells Partnership dba Manchester Auto Salvage, Inc.
Published: Mar. 27, 1999 | Result Date: Jan. 19, 1999 | Filing Date: Jan. 1, 1900 |Case number: 763884 Verdict – $2,178,390
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Jeffrey Donahue
(technical)
Defendant
Richard Crockett
(technical)
Facts
In December 1996, the Manchester Auto Salvage, Inc., which was previously located at 137 North Manchester in Anaheim was displaced by eminent domain by Caltrans because of the widening of Interstate 5. Caltrans had appraised the inventory at $429,235 which was the amount it originally offered to pay the owners. The owners' appraisal was in the amount of the jury award of $2,178,390. The Manchester Auto Salvage, a family-owned business, was opened in the Anaheim location in 1950, and was forced to close its doors on Dec. 1, 1996 because a replacement location could not be found where the business could be relocated after Caltrans took over the property.
Settlement Discussions
The defendant made a settlement demand for $1,515,000. Plaintiff CalTrans made an offer of $750,000 for the inventory.
Other Information
The verdict was reached approximately three years and six months after the case was filed. A settlement conference was held on May 8, 1998 before Judge Robert Thomas resulting in no settlement. A motion for attorneys' fees and costs has been filed by defendant. CalTrans has filed a motion for new trial. During the pendency of the litigation, the parties settled the other valuation issues in dispute: $1,080,000 (real estate), $103,327 (fixtures and equiptment) and $91,000 (loss of business goodwill)
Deliberation
2½ hours
Poll
11-1
Length
five days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390