City of Los Angeles v. Cannon

Opinion

BEACH, J.

The City of Los Angeles filed a complaint in eminent domain, seeking to acquire certain property wanted for airport purposes. Defendant Gil Cannon owned one parcel of property. His answer alleged that the fair market value of the parcel was $115,000; he asked for that amount plus costs. In a demand pursuant to Code of Civil Procedure section 1249.3, Cannon asked that plaintiff pay $120,000 as just compensation. The City of Los Angeles offered to pay $110,00o.

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In January 1975 a jury awarded $120,000 for the property. Judgment was entered February 24, 1975.

On March 25, 1975, defendant noticed a motion for an order awarding attorney’s and appraiser’s fees pursuant to section 1249.3 of the Code of Civil Procedure. That motion was denied April 7, 1975. The trial court indicated that the case had been decided on the reasonableness of

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plaintiff’s offer. Mr. Cannon appeals from the order denying the motion for attorney’s and appraiser’s fees.

Contention on Appeal:

Appellant contends that a clear and compelling case for the award of fees is present and that the trial court erred in denying said fees.

Discussion:

The trial court did not abuse its discretion in denying the fees to appellant.

Section 1249.3 of the Code of Civil Procedure provided: “At least 30 days prior to the date of trial, plaintiff shall file with the court and serve a copy thereof on defendant its final offer to the property sought to be condemned and defendant shall in like manner, file and serve a copy thereof on plaintiff his final demand for the property sought to be condemned....”

“If the court, on motion of the defendant made within 30 days after entry of judgment, finds that the offer of the condemnor was unreasonable and that the demand of the condemnee was reasonable, all viewed in the light of the determination as to the value of the subject property, the costs allowed pursuant to Section 1255 shall include all expenses reasonably and necessarily incurred in preparing for and in conducting the condemnation trial including, and not limited to, reasonable attorney’s fees, appraisal fees, surveyor’s fees, and the fees for other experts, where such fees are reasonably and necessarily incurred to protect defendant’s interest prior to trial, during trial and in any subsequent judicial proceedings in the condemnation action. . . .”