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DOWNEN'S v. HAWAIIAN GARDENS REDEVELOPMENT

No. B132012.

103 Cal.Rptr.2d 644 (2001)

86 Cal.App.4th 856

DOWNEN'S, INC., et al., Plaintiffs and Appellants, v. CITY OF HAWAIIAN GARDENS REDEVELOPMENT AGENCY, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

January 30, 2001.

Attorney(s) appearing for the Case

Palmieri, Tyler, Wiener, Wilhelm & Waldron, Michael H. Leifer and Ronald M. Cole, Irvine, for Plaintiffs and Appellants Downen's, Inc. and Mary and Dave Downen.

Woodruff, Spradlin & Smart, John E. Cavanaugh, Orange, M. Lois Bobak, Judy A. Barnwell and Stephen J. Beaton, Santa Ana, for Defendant and Respondent City of Hawaiian Gardens Redevelopment Agency.

GILBERT, P.J.

A government agency pays only a portion of a judgment against it for inverse condemnation. In this case of first impression, we hold that Code of Civil Procedure section 10361 authorizes litigation expenses to the prevailing plaintiff in an action to enforce the inverse condemnation judgment under Government Code section 970 et seq. We therefore reverse the trial court's decision to tax costs and remand with directions to...

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