Redevelopment Agency of South Gate v. Leboff
Published: Aug. 21, 1999 | Result Date: Dec. 2, 1998 | Filing Date: Jan. 1, 1900 |Case number: BC160453 Verdict – $5,285,930
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Gregory Hawran
(technical)
Defendant
James J. Reid
(technical)
Michael F. Waldron
(technical)
Facts
This action involved the acquisition by plaintiff Redevelopment Agency of the City of South Gate of real estate owned by defendant Raymond Leboff for redevelopment purposes. The property was located on the northeast corner of Firestone Boulevard and National Avenue in South Gate. The total land area consisted of approximately 140,000 square feet with improvements containing gross rentable area of approximately 40,000 square feet. The defendant claimed that the fair market value of the subject property was between $4.9 million and $5.3 million. He also claimed that he suffered lost rental income due to the agency's unreasonable precondemnation conduct and delay in the amount of $385,931. The agency alleged that the fair market value of the subject property was $2.15 million.
Settlement Discussions
The plaintiff made a settlement demand for $3,980,000. The defendant defendant made an offer of $2,150,000.
Damages
The defendant claimed $4.9 million and $5.3 million for fair market value of subject property; $385,931 for precondemnation damages.
Other Information
A special verdict on Oct. 10, 1998, found that the fair market value of the property as of Nov. 7, 1996 was $4.9 million and the amount of damages awarded for lost rental income caused by the Redevelopment Agency of the City of South Gate's precondemnation conduct and delay was $385,931. A motion for award of litigation expenses in the amount of $1,108,154 pursuant to Code of Civil Procedure º1250.410 and º1036 was granted effective Dec. 2, 1998. The plaintiff's motion for new trial was denied.
Poll
12-0
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