Moulton Niguel Water Dist. v. Colombo

In Moulton Niguel Water Dist. v. Colombo (2003) 111 Cal.App.4th 1210, a water district offered only $ 10,000 as compensation for a nonexclusive pipeline easement, while the owner demanded $ 66,330. The jury came back with an award of $ 5,400 for the easement and $ 43,000 in severance damages. (Moulton, supra, 111 Cal.App.4th at pp. 1212-1213.) The trial judge denied the motion for litigation expenses. Independently examining the evidence, the judge found that the district reasonably took the position that no severance damages were warranted, and that there was a " 'real possibility' " the owner could have received an award of close to zero. (Id. at pp. 1217-1218.) Determining that these observations were supported by the trial record, the appellate court affirmed the order. (Ibid.)