People ex rel. Dep't of Transp. v. Acosta, No. C059064

In an eminent domain proceeding, judgment against Caltrans on defendants' goodwill claim and an order awarding litigation expenses to defendants are affirmed as the claim for goodwill damages is not preempted by the Petroleum Marketing Practices Act, and the award of litigation expense is supported by substantial evidence. 

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Filed October 26, 2009

Judges

Opinion by Judge Hull

Counsel

For Appellant:  Ronald W. Beals, Thomas C. Fellenz, Joann Georgallis, and Harjinder K. Chima

For Appellee:  Greenan, Peffer, Sallander & Lally, Kevin D. Lally, John P. Makin, and Alice M. Peiler; Heiser Law Corporation and Jeffrey D. Heiser