Estate of Ethel Josephine Spowart Hinz - Page 25




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          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          California Code provision had been repealed in 1990, the repeal             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 report           






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