On January 19, 2012, the California Court of Appeal issued an unpublished decision addressing this very question. Specifically, in Flying J, Inc. v. Department of Transportation, Case No. F060545, the Court of Appeal affirmed the dismissal of plaintiff's claim for lost profits, finding that plaintiff's evidence was not sufficiently comparable in character and its calculations relied on too much conjecture about future events.
Plaintiff Flying J operates truck stops. In 1997, it purchased an 18.8 acre parcel adjacent to State Routes 14 and 58 in the Mojave ...
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