Community Redevelopment Agency v. Friedman

Opinion

STEPHENS, J.

Following judgment in a condemnation action, defendant property owners made a timely motion for award of litigation costs under former Code of Civil Procedure section 1249.3. The motion was denied and the property owners appeal from the order denying the motion. We reverse.

In June 1969, the City of Hawthorne announced the Hawthorne Plaza Redevelopment Plan, which provided for the acquisition of the subject property by eminent domain proceedings. Because the redevelopment

[190]

agency did not file its complaint until November 16,1973, the trial judge found that the period from January 1, 1971 to November 16, 1973 constituted an unreasonable delay in instituting the present action, which entitled the property owners to the loss of rental income caused by the delay, pursuant to

Klopping

v.

City of Whittier,

8 Cal.3d 39 [104 Cal.Rptr. 1, 500 P.2d 1345].

1

Of the $63,780 recovered by the property owners at trial, $56,000 represented the jury’s verdict as the value of the property, and" $7,780 was the stipulated amount of the damages occasioned by the delay. Immediately before trial, the agency’s offer pursuant to section 1249.3 was $48,000, while that of the property owners was $60,000. Shortly thereafter but still before trial, the property owners offered to settle for $58,500. The property owners’ figure included rent loss.

2

Following the trial, the court denied the property owners’ motion under section 1249.3 for reimbursement of their litigation costs on the ground that the agency’s offer was reasonable.

Discussion

This case falls directly within the holding of

City of Gardena

v.