The City of Long Beach, a municipal corporation, acting by and through its Board of Harbor Commissioners v. Samuel Schoenberg and Jean O. Schoenberg
Published: Sep. 4, 1999 | Result Date: Feb. 16, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC164275 Verdict – $376,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
In January 1997, Plaintiff, City of Long Beach acquired defendants parcel of land. The property was acquired for a grade separation project. Pursuant to a bench trial ruling, the court allowed the question of the amount of damages suffered due to pre-condemnation delay to be heard by the jury.
Settlement Discussions
The plaintiff made a demand of $350,000. The defendant made an offer of $205,000.
Damages
$355,000 (value of land and improvements); $30,585 (to the realty per stipulation); $21,000 (for improvements pertaining in pre-condemnation damages)
Other Information
On pre-trial motion, the court excluded testimony regarding offset to the value of the property due to soils remediation. In a post-trial motion, the court awarded litigation expenses including attorney fees, expert fees and allowed other costs for a total of $87,180 plus allowed interest of $26,510.
Deliberation
1½ days
Length
10 days
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