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PEOPLE EX REL. DEPT. OF TRANSPORTATION v. DRY CANYON ENTERPRISES, LLC

No. B234198.

211 Cal.App.4th 486 (2012)

149 Cal. Rptr. 3d 601

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. DRY CANYON ENTERPRISES, LLC, Defendant and Appellant.

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

November 28, 2012.

Attorney(s) appearing for the Case

Century Law Group, Edward O. Lear and Daniel A. Woodford for Defendant and Appellant.

Ronald W. Beals, David Gossage, Lucille Baca, Helen Cramer and Stephen A. Silver for Plaintiff and Respondent.

OPINION

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...

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