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PEOPLE EX REL. DEPT. OF TRANSPORTATION v. McNAMARA

No. H036228.

218 Cal.App.4th 1200 (2013)

THE PEOPLE ex rel. DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellant, v. MICHAEL R. McNAMARA et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

August 14, 2013.

Attorney(s) appearing for the Case

Ronald W. Beals , David Gossage , Lucille Y. Baca , Derek S. van Hoften and James Morrison Wyman for Plaintiff and Appellant.

Timken Johnson , Heidi A. Timken , Leslie A. Johnson , Christopher J. Gonzalez and Abram P. Petersen for Defendants and Respondents.

OPINION

MIHARA, J. —

Appellant the People ex rel. Department of Transportation (DOT) challenges the trial court's rulings in an eminent domain action in which DOT took a residential property from respondents Michael R. and Rosealinda McNamara. DOT contends that the trial court erred in (1) finding that DOT was liable for precondemnation damages, (2) granting judgment notwithstanding the verdict (JNOV) on the amount of precondemnation...

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