City of Fresno v. Harrison
California Court of Appeal
1Opinion of the Court
Opinion
WOOLPERT, J.
In this condemnation case we are asked to set aside the trial judge’s decision to grant a new trial after it became apparent the condemning agency had not made a timely, good-faith disclosure of the basis for its expert’s opinion that there was no loss of business goodwill. We decline to do so, emphasizing the importance of full pretrial disclosure of proposed expert testimony as well as the unique position of the trial judge in reviewing the fairness of the trial.
The City of Fresno (City) sought to acquire by eminent domain certain downtown property owned by Thomas…
2Cases cited4 opinions
- Swartzman v. Superior CourtCalifornia Court of Appeal · 1964
- Los Angeles City High School District v. KitaCalifornia Court of Appeal · 1959
- Regents of University of California v. MorrisCalifornia Court of Appeal · 1968
- West Hills Hospital v. Superior CourtCalifornia Court of Appeal · 1979
3Cited by5 opinions
- Mosesian v. Pennwalt Corp.California Court of Appeal · 1987
- Contra Costa Water District v. Bar-C PropertiesCalifornia Court of Appeal · 1992
- Stanchfield v. Hamer Toyota, Inc.California Court of Appeal · 1995
- Redevelopment Agency v. AttishaCalifornia Court of Appeal · 2005
- Seamans v. Xiong CA5California Court of Appeal · 2014