What is the test for establishing entitlement to compensation for loss of goodwill?

California, United States of America


The following excerpt is from People ex rel. Dep't of Transp. v. Presidio Performing Arts Found., 209 Cal.Rptr.3d 461, 5 Cal.App.5th 190 (Cal. App. 2016):

Since the conditions set forth in subdivision (a) all pertain to the loss of goodwill, the initial obligation to establish entitlement to compensation requires a showing, as a threshold matter, that the business had goodwill to lose. (Dry Canyon, supra , 211 Cal.App.4th at p. 491, 149 Cal.Rptr.3d 601 ; see Emeryville Redevelopment Agency v. Harcros Pigments, Inc . (2002) 101 Cal.App.4th 1083, 1118, fn. 13, 125 Cal.Rptr.2d 12 (Emeryville ).) As we shall see, what it means to show the business had goodwill to lose will play a role in the resolution of this appeal.

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