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Real Property
Eminent Domain
Valuation

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

James V. Selna

Court

Orange Superior


Attorneys

Plaintiff

Christopher Hiddleson


Defendant

Arnold K. Graham

John M. Kirwan


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


#80347

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