- 25 - Unfortunately, in many instances Atkinson stated that an element of a comparable property was of a lesser quality than the property being valued and then did not adjust for that lesser quality or adjusted downward. In at least one instance, the mere correction of the directions of the adjustments in Atkinson’s matrix so that they conformed to Atkinson’s textual descriptions resulted in increasing the resulting value by about 50 percent. Also, in some instances, the textual descriptions of properties in Atkinson’s written report did not match the properties listed in the accompanying matrix. It was as though Atkinson had revised parts of a draft of his report but inadvertently kept parts of former drafts that no longer fit the revised draft. Another matter that gives us concern about how carefully Atkinson reads the expert witness reports that he issues relates to the following statement which appears in each of his valuations of the Subject Properties. “This appraisal meets the certification requirements of the California Civil Code Section 1922.14 controlling persons preparing certified appraisals of real property.” These valuations are dated from May 10, 1995 (Lafayette Property), to February 11, 1998 (Parker Property). At trial, Atkinson was confronted by the fact that the cited California Code provision had been repealed in 1990, the repeal taking effect no later than January 1, 1992. Atkinson acknowledged the repeal. When asked why his expert witness reportPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011