LA Unif. School Dist. V. San Miguel Meat Dist.
In this eminent domain proceeding, following trial, a jury awarded defendant and appellant San Miguel Meat Distributors, Inc. (San Miguel), damages in the amount of $333,000 against plaintiff and respondent Los Angeles Unified School District (the District), to compensate San Miguel for loss of goodwill for the Districts taking of property which San Miguel leased for its chicken processing business. San Miguel relocated its business to a new location. In a second trial, the trial court determined that the taking caused San Miguels relocation and loss of goodwill.
The trial court then granted the Districts post trial motions, vacating the jurys award of damages for alleged loss of goodwill. Specifically, the trial court granted the Districts motion to set aside the judgment. The trial court found that the taking did not cause San Miguels alleged loss of goodwill, concluding that San Miguel moved its business location prior to the taking.
Court reverse and remand for entry of judgment in favor of San Miguel consistent with this opinion. San Miguel presented substantial evidence showing that the taking caused the alleged loss in goodwill. In addition, the trial court erred by striking the testimony of Pedersen, San Miguels expert on goodwill valuation. Pedersens methodology was reasonable. Contrary to the trial courts finding, Pedersen relied upon San Miguels financial information to compare the actual pre-taking goodwill with the actual post-taking goodwill. Finally, as to the lost improvements, the parties stipulated that the only issue left for the court was whether San Miguel was entitled to the amount of $6,205 for moveable equipment left at the Atlantic property. Thus, the trial court erred by reducing the award for lost improvements beyond $6,205.
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