County of Los Angeles v. Union Distributing Co

In County of Los Angeles v. Union Distributing Co. (1968) 260 Cal. App. 2d 125, the defendant owner in an eminent domain action recovered a jury verdict in the $ 2.00 per square foot range. At trial, the defendant had presented nine comparable sales in the under $ 3.00 per square foot range, but had been barred from presenting evidence of a 10th sale at $ 3.75 per square foot, which was resold three months later at $ 4.75 per square foot. The excluded sale involved nearby property that, according to the defendant, had been sold and resold for its development potential only. In other words, according to the defendant, the buildings on the excluded property did not contribute to the sales price. In affirming the judgment, the appellate court referred to Evidence Code section 822, subdivision (a)(4) in stating: "In order for evidence of said sales prices (of the sold property) to fairly shed light on the value of the defendants' property, it would have been necessary (as recognized in the offer of proof) to present opinion evidence designating the value of the buildings and the value of the land comprising the sold property. Under the circumstances herein, the court did not err in excluding the offered evidence relating to the sales prices of, and the value of the improvements on, the sold property." (Id. at p. 130.)