People ex rel. Department of Public Works v. Brusati

WOOD, P. J. In this eminent domain action the defendants (owners) appeal from a judgment, based upon a verdict, awarding $31,000 as compensation for the property taken.

The appraiser, called as a witness by appellants, gave testimony regarding his qualifications as an appraiser, his investigations as to property values in the vicinity of the subject property, and rezoning requirements and variances. He testified that in his opinion the fair market value of the property was $58,400.

The appraiser, called as a witness by the respondent (condemner), after giving testimony regarding his qualifications and his investigations, testified that in his opinion the fair market value was $31,000.

There was no other witness.

A contention of appellants is that the appraiser, who was called as a witness by the condemner, made untrue statements on cross-examination regarding zoning-ordinance information he had received, and by reason of those statements the appellants were denied a fair trial.

One such alleged statement, so specified by appellants, was to the effect the appraiser said he had obtained information from Salvador Salinas (assistant planner in the office of the planning commission) that in the opinion of Hr. Salinas the planning commission would require a 5-foot building setback [645]in a C-B zone. Appellants state in their brief that Mr. Salinas had given appellant Mr. Brusati permission to use his name and to say that the statement was false, that he did. not make it, and that the information set forth in it was wrong.

Another such alleged statement, so specified by appellants, was to the effect that the appraiser said that he made inquiry of “Mr. Brown, the Chief Planner of the City of Los Angeles” to the effect that there had been several requests for zone changes to C zoning, which had been denied. Appellants state in their brief that appellant Mr. Brusati had found that there is a “Mr. Wallace F. Brown, who is the Administrative Service Officer in the Planning Department,” and who said that there is “no such man as Mr. Brown, the Chief Planner of the City of Los Angeles, and there is no such title as 'Chief Planner. ’ ’ ’

The statements of appellants relative to what Mr. Salinas and Mr. Brown told Mr. Brusati are not a part of the record on appeal. Presumably, Mr. Brusati obtained the asserted information from those persons after the trial of the case. It is the function of this court to review the record of the proceedings in the trial court, and, of course, this court is not empowered to consider statements made after the trial. Such alleged extrajudicial statements cannot be regarded on appeal as having any material bearing with respect to the matter of according appellants a fair trial. Heretofore (in May 1963) appellants filed an application in this court for leave to produce certain additional evidence, including the alleged statements of Mr. Salinas and Mr. Brown just referred to herein. That application was denied. This contention regarding a denial of a fair trial is not sustainable.