Estate of Ethel Josephine Spowart Hinz - Page 26




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          relies on a statute that had been repealed years earlier,                   
          Atkinson replied as follows: “A  I think this is boilerplate that           
          was put in by my secretary over the last--ever since 1992, and I            
          have never taken it out.”                                                   
               As a result of the obvious errors in Atkinson’s expert                 
          witness report, we are hesitant to rely on Atkinson’s judgment              
          even as to those matters that do not involve obvious errors.                
               Respondent’s expert witness in Norman C. Hulberg,                      
          hereinafter sometimes referred to as Hulberg.  He has been a real           
          estate appraiser since 1975.  He has testified as an expert                 
          witness “on over 50 occasions” in Federal District Courts in the            
          San Francisco area and in Las Vegas, Nevada.                                
               Hulberg also used the comparable sales approach on, or in              
          connection with, his valuations.  (See, e.g., infra B. Lafayette            
          Property, in which Hulberg used the comparable sales method only            
          to determine the reversionary value element of the discounted-              
          cash-flow method).  Hulberg avoided the disconnects between                 
          textual analysis and valuation adjustments that plague Atkinson’s           
          expert witness report.  He did so by (1) the simple expedient of            
          abbreviating the textual analysis of the comparable properties,             
          and (2) the even simpler expedient of omitting altogether the               
          property-by-property matrix of adjustments to the comparable                
          property sale prices.  By thus failing to reveal the details of             
          his analysis, Hulberg protects against the pitfalls that Atkinson           






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