Earlier this year in City of Livermore v. Baca, the California Court of Appeal held that as long as an expert can identify damages arising from a taking or public project, those damages likely will not qualify as speculative, and they can be presented to a jury in an eminent domain action. Did this broad holding turn upside down traditional rules of admissibility and recovery of damages, or did it just affirm existing law? And how will courts apply Baca in the future? Two recently issued unpublished appellate decisions may help guide the way.
The Superior Coatings Decision
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