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
Road Widening

City of Santa Ana v. Gallegos Brothers LLC

Published: Nov. 22, 2014 | Result Date: Jul. 9, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 30-2013-00630810-CU-EI-CJC Verdict –  $5,100,000

Court

Orange Superior


Attorneys

Plaintiff

Joseph Sandoval Jr.
(Office of the San Francisco City Attorney)


Defendant

John C. Murphy
(Murphy & Evertz LLP)

Jennifer W. Dienhart
(Murphy & Evertz LLP)


Experts

Plaintiff

Stephen M. Zamucen
(technical)

Michael F. Waldron
(technical)

Facts

On Feb. 13, 2013, the City of Santa Ana filed an eminent domain action to acquire property owned by defendant Gallegos Brothers LLP. The 35,153-square foot property is improved with a multi-tenant commercial and retail building. Defendant Grande Bakery Inc. was a tenant in the building. The city sought the Gallegos Family property for its Grand Avenue widening project.

Contentions

PLAINTIFF'S CONTENTIONS:
The city initially offered $3.2 million for the Gallegos Family property and $91,500 to Grande Bakery.

DEFENDANT'S CONTENTIONS:
The Gallegos Family claimed that the property and its business were worth substantially more.

Result

The city agreed to pay the Gallegos Family $5.1 million for the property and lost business goodwill plus statutory interest. The city also agreed to sell some adjacent property to the Gallegos Family.

Other Information

FILING DATE: Feb. 13, 2013.


#86181

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

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