Legal Opinion
People ex rel. Department of Transportation v. Dry Canyon Enterprises, LLC
California Court of Appeal
Decided November 28, 2012No. B234198PublishedCited by 10 opinions
1Opinion of the Court
*489Opinion
HOFFSTADT, J.*
When the state exercises its power of eminent domain over a parcel of land occupied by a business, the business owner has a right to have a jury determine the amount of “business goodwill” lost due to the taking. (Code Civ. Proc., § 1263.510.)1 Here we decide whether the owner is entitled to a jury determination when the judge has determined, as a matter of law, that the business had no goodwill to lose in the first place. We are surprised to learn that no court has squarely decided this question. We are not surprised by the answer: Any determination on the loss of…
2Cases cited18 opinions
- Sargon Enterprises, Inc. v. University of Southern CaliforniaCalifornia Supreme Court · 2012
- Pineda v. Williams-Sonoma Stores, Inc.California Supreme Court · 2011
- Bruns v. E-Commerce Exchange, Inc.California Supreme Court · 2011
- Los Angeles County Metropolitan Transportation Authority v. Alameda Produce Market, LLCCalifornia Supreme Court · 2011
- People Ex Rel. Department of Transportation v. MullerCalifornia Supreme Court · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People Ex Rel. Department of Transportation v. Presidio Performing Arts FoundationCalifornia Court of Appeal · 2016
- Straley v. GambleCalifornia Court of Appeal · 2013
- L. A. Cnty. Metro. Transp. Auth. v. Yum Yum Donut Shops, Inc., California Court of Appeal, 5th District2019
- Cooper v. Takeda PharmaceuticalsCalifornia Court of Appeal · 2015
- Los Angeles County Metropolitan etc. v. Yum Yum Donut ShopsCalifornia Court of Appeal · 2019
5 more not listed; retrieve them via the Exa API.