Jennifer Wood Dienhart

Jennifer Dienhart’s practice focuses on eminent domain, inverse condemnation and other complex business disputes. Ms. Dienhart has represented clients in disputes concerning condemnation of real property, inverse condemnation, breach of lease agreements, breach of purchase and sale agreements, and adjustment of rental rates, among others. Her eminent domain experience includes cases concerning total and partial takings, loss of business goodwill, precondemnation damages, and severance damages. She has advised clients regarding pre-condemnation activity and relocation benefits.

Ms. Dienhart spoke at the International Right of Way Chapter 57’s Education Seminar on "Possession . . . And How To Obtain It," and at the California Lawyers Association Annual Meeting on “Eminent Domain 101: Basics of Eminent Domain for the General Practitioner,” in San Diego. She has also co-authored articles regarding the United States Supreme Court eminent domain decision in Kelo v. City of New London and appropriate dates of value. Orange Coast magazine named her in their feature, “Top Attorneys in Orange County” in the area of Real Estate law.

Representative Matters - Landowner Focus

Carsten Co., LLC adv. City of Corona

Represented owners of former Food 4 Less shopping center property in Corona, California, facing condemnation of a portion of the property for a grade separation project. The City initially offered $387,000. The case settled for $3,500,000 plus costs and interest - - nearly ten times the amount of the initial offer. 

BPL, LLC adv. City of Corona

Represented owners of multi-tenant shopping center property and gas station business in Corona, California, facing condemnation of a portion of the property for a grade separation project. The City initially offered $1,113,000. The case settled for $4,050,000.

8650 Villa La Jolla, Inc. adv. SANDAG

Represented owner of La Jolla Village Square shopping center in La Jolla, California. SANDAG sought to build an entirely new trolley station and multi-story enclosed parking garage in the Center’s parking lot. After successfully shepherding the ownership through years of complex construction coordination, the firm earned its clients a $23 million award – – nearly double SANDAG’s estimate of compensation.

G6 Hospitality Property LLC adv. City of Carpinteria

Represented owner and operator of Motel 6 property in Carpinteria, California, facing condemnation of a portion of their property for a bridge reconstruction project. The City initially offered $27,800. The case settled for $500,000, plus reductions to the scope of the easements taken. 

GDS Partners, LLC v. Los Angeles County Metropolitan Transportation Authority

Represented landowners and owners of a business designing and manufacturing polymer plates against LA Metro for causing the closure of its business. LA Metro waffled about its Project - - giving GDS Partners an offer to purchase its property, then rescinding it. GDS was forced to sue LA Metro. LA Metro ultimately agreed to acquire the property and settled for $5,800,000. 

Steel Structures, Inc. adv. California Department of Public Works, et al.

Represented landowner facing condemnation of 10% of its manufacturing facility for the California High Speed Rail Project. The Agency offered $222,000. The case settled for $3.3 million.

Nyenhuis Family Investments LLC v. County of San Bernardino et al.

Represented the Nyenhuis family, long-time dairy farmers in Chino, against the County of San Bernardino and its Department of Airports. The family sought compensation for disruption caused by the County’s Chino Hills Airport. The County initially denied any liability or obligation. It offered nothing. Ultimately, the Nyenhuis family won an arbitration award of $48 million, including a litigation expense award of nearly $500,000.

Giant Inland Empire RV Center Inc., et al. adv. Riverside County Transportation Commission

Represented owners of an RV dealership located in Corona along the 91 Freeway. RCTC sought to acquire the property for the I-91 widening project. Giant RV sought approximately $4.2 million for its lost business goodwill and real estate interests. The case settled before trial for $3.9 million. 

Pearl Street Properties, LLC, et al. adv. Riverside County Transportation Commission

Represented the owner of Newport Farms, a successful family-owned and operated food service distributor in the City of Corona, adjacent to the 91 Freeway. The partial taking impacted semi-truck access, circulation and parking. RCTC’s initial offer was $1,360,000. The case subsequently settled for $3,500,000.

Kapital Oil Corporation adv. Riverside County Transportation Commission

Represented owner of a gas station in Corona along the 91 freeway. RCTC sought to condemn a portion of the property for the I-91 widening project. RCTC initially offered $23,400 for a fee and temporary construction easement take of 5% of the property. The case settled before trial for $480,000 plus costs and interest.  

B & H Education dba Marinello Schools of Beauty v. Los Angeles County Metropolitan Transportation Authority

Marinello was a cosmetology school operating as a tenant in a building on Wilshire Boulevard in the City of Los Angeles. Marinello was displaced by LACMTA and forced to relocate as result of LACMTA’s Westside Subway Extension Project. LACMTA failed to initiate a direct condemnation action, forcing Marinello to file an inverse condemnation proceeding. In a bench trial, LACMTA was found liable for inverse condemnation and Marinello proved it was entitled to claim compensation for loss of business goodwill. The case subsequently settled for $2,500,000.

Plaza West Covina LP, et al. adv. Caltrans

Represented the landowner in an eminent domain action brought by Caltrans. Plaza West Covina owned a freeway-prominent 11,258 square-foot retail pad in the City of West Covina. Caltrans sought a full-take of the property for its I-10 high-occupancy vehicle lane project. Caltrans’ initial offer was $3,136,000. The case settled before trial for $7.8 million, plus costs.

Lakeview & Orangethorpe Business Center Owners adv. Orange County Transportation Authority

Represented five owners within the Lakeview & Orangethorpe Business Center in an eminent domain action brought by OCTA for its Lakeview Avenue Grade Separation Project. OCTA initially offered these five owners $0 for the taking of three easements. The case settled before trial for a total of $2,392,460.

7 Days Tire Center adv. City of Santa Ana

Represented a tenant and business owner of tire dealer and auto repair center located on property the City of Santa Ana sought to condemn for its Grand Avenue Widening Project. The City initially offered $17,620. The case settled before trial for $312,620 plus costs.   

Lakeview Orchard Association adv. Orange County Transportation Authority

Represented the Lakeview Orchard Association, and its members, in an eminent domain action brought by OCTA for its Lakeview Avenue Grade Separation Project in the City of Placentia. OCTA initially offered $743,000 for the taking of two easements and severance damages. The case settled before trial for $1,975,000 in compensation for the takings, and damages, plus costs and interest.

3187 Redhill LLC; M2 Freeway LLC; ICC LLC v. Caltrans

Represented owners in an inverse condemnation action against Caltrans. Owners 3187 Redhill LLC, M2Freeway LLC, and ICC LLC held fee title to a 408,593 square foot property in Santa Fe Springs. Owners claimed lost tenants and potential tenants, could not sell the property, could not execute their business plan and suffered a decrease in the income the property produced as a result of Caltrans’ unreasonable pre-condemnation conduct and unreasonable delay in filing its eminent domain action. The parties entered into a settlement agreement ultimately requiring Caltrans to pay $38 million for the full take of the property. Caltrans also agreed to compensate owners for lost rent.

Capricorn Realty, Inc., et al. adv. Caltrans

Represented owners of a quick service restaurant property in the City of Norwalk. Caltrans sought to acquire the property for the I-5 widening. Caltrans’ initial offer was $460,000. The case settled before trial for $1,832,000.

PPF Industrial Valley View LP adv. City of Santa Fe Springs

Assisted with representation of Morgan Stanley/PPF Industrial, the owner of a 17-acre industrial park, a portion of which was condemned for a grade separation project. The condemning agency initially deposited $516,000. The case settled for $2,750,000.

PSIP Magellan I, LLC adv. City of Riverside

Represented industrial real estate owner in the City of Riverside. The City sought to acquire portions of its property for a grade separation project. The City’s initial offer was $568,200. The case settled before trial for $1,250,000.

Southern California Industrial Federation adv. Caltrans

Represented industrial real estate owner in Santa Fe Springs. Caltrans sought condemnation for Interstate 5. Assisted with preparing a $9 million sales agreement preserving the client’s ability to seek additional precondemnation damages and reimbursement of environmental remediation offsets.

Altmans, et al. adv. Caltrans

Represented the owner of an RV dealership against Caltrans. Caltrans initially offered $958,000. The case settled one week before the jury trial was to begin for total compensation of $7.85 million.

Steiny & Company, Inc. adv. Caltrans

Represented Steiny & Company, Inc. (and its owners) in an action brought by Caltrans to acquire portions of Steiny’s property in Baldwin Park for the I-10 widening. Caltrans’ initial offer was $151,000. The case settled prior to trial for $600,000.

Universal Field Services, Inc. v. City of Lynwood

Represented Universal Field Services, Inc. in a dispute alleging breach of warranty and fraud against the City of Lynwood concerning payment for work completed for the City’s Ham Park Replacement Project.

Bayport Imperial Promenade, et al. adv. Caltrans

Represented business owners facing condemnation of a portion of their leased land and loss of business goodwill.

McDonald’s Corporation, et al. adv. City of Palmdale

Represented McDonald’s Corporation in a condemnation action where the City acquired a portion of their leased land.

Representative Matters - Public Agency Focus

Orange County Flood Control District

Assisting the District with the condemnation of property required for the Santa Ana River Mainstem/Prado Dam Project.

Orange County Flood Control District, et al. adv. Stueve Bros. Farms, LLC, et al.

Represented the District in an inverse condemnation lawsuit seeking damages of over $60 million. Lawsuit was dismissed at the pleading stage after the court sustained the District’s demurrer without leave to amend.

Riverside County Flood Control and Water Conservation District adv. Goeppinger

Successfully defended the District in an inverse condemnation and nuisance case at a legal issues trial resulting in a defense judgment on three of four claims.

San Diego Unified Port District

Assisted the Port with condemnation matters involving Port property and projects. 

Los Angeles Unified School District

Assisted LAUSD with the condemnation necessary for school construction projects.

Riverside County Flood Control and Water Conservation District

Assisting the District with the condemnation of property required for new flood control projects.

County of Riverside

Assisted the County in acquiring property required for new roadway projects.