Los Angeles County Flood Control Dist. v. Mindlin

In Los Angeles County Flood Control Dist. v. Mindlin (1980) 106 Cal.App.3d 698, the Court of Appeal discussed a condemner's offer made after the then 30-day pretrial cutoff under the predecessor to section 1250.410 and conditioned on the condemner's right to appeal a trial court ruling on a bifurcated issue. Addressing the appeal condition in dictum, the court wrote: "It seems clear to us that the 'amended final offer' of the District ... was not a final offer within the meaning of Code of Civil Procedure section 1249.3. The offer was made with a clearly stated condition attached of reserving the right of appeal. We find illuminating and helpful an observation made in another context: 'Since the purpose of the section is to promote settlement of valuation and damage disputes which otherwise would have to be tried, it is intended to require each side to submit a final figure for which it is willing to settle those issues.' An offer made subject to the condition of reserving the right to appeal does not indicate any intention or willingness to finally resolve the dispute; on the contrary, it bespeaks of a determination to seek vindication at a later time of the offeror's position during negotiations." (106 Cal.App.3d at p. 719.)