On March 1, 2019 the Court issued its ruling regarding the interpretation of Section 13.2(f) of the parties’ lease agreement. At the conclusion of oral argument relating to that issue, the Court allowed the parties the opportunity to brief two additional questions: (1) whether under the terms of the lease Defendant SARVS is entitled to be compensated for the potential loss of goodwill under Section 13.2(f), and (2) whether the calculation of the fair market value of the 2.9 acres in question should take into consideration the existence of the SCE-SARVS lease pertaining to that property.
With respect to the first question, the Court concludes that Section 13.2(f) does not preclude SARVS from attempting to obtain compensation for any alleged loss of goodwill. Notably, nowhere in that section is there any reference to goodwill or any statement to the effect that any potential item of compensation not explicitly referenced therein is considered waived. Given that CCP § 1263.51........