NEWPORT
BEACH, CA--(Marketwired - Jan 15, 2014) - Newmeyer & Dillion, LLP, one of California's most
successful multi-service business and real estate law firms, has won a
substantial victory in an eminent domain case involving Caltrans, the state
agency responsible for highway, bridge and rail transportation planning,
construction and maintenance.
Newmeyer & Dillion attorneys Charles Krolikowski,
Lily Toubi and Jack Rubin represented an operator of
a Chevron station on Ortega Highway in San Juan Capistrano, Calif. The station was taken and demolished
by Caltrans to make way for the Interstate 5/Ortega Highway Interchange
Improvement Project. Caltrans initially offered no financial
compensation whatsoever to the owner for the value of the business.
At trial,
Caltrans estimated the value of the business at $300,000. The business
owner estimated the station's value at approximately $1.4 million. The case
went to jury trial in OrangeCounty Superior Court to
resolve the difference between the respective business values. After five days
of testimony, the jury awarded the station's operator $921,500 in business
goodwill. The operator will be seeking court costs, attorney fees and expert
fees in post-trial proceedings.
"Even
small business owners have to fight for their just compensation when faced with
a taking of their business and no offer from the government," said Krolikowski, lead trial counsel for the business owner.
"We are pleased with the jury's decision in this case."