Snoffer v. City of Los Angeles

WHITE, J.,

pro tem.

This is an appeal by the defendant city from an order made by the superior court granting plaintiff a new trial.

Plaintiff and respondent is the owner of a parcel of land fronting upon La Brea Avenue in the City of Los Angeles. He brought this action in the lower court against the defendant and appellant, City of Los Angeles, for $2,369 damages

[652]

alleged to have been suffered by reason of the improvement of said La Brea Avenue.

The case was tried before a jury, which rendered a verdict for the plaintiff in the sum of $300. Respondent then made a motion for a new trial, which was granted. Defendant city appealed from the judgment rendered by the superior court upon said verdict and from the order granting respondent a new trial.

This court reversed the order granting respondent a new trial and the judgment rendered therein, and further directed the trial court to enter judgment for the appellant city.'

(Snoffer

v.

City of Los Angeles,

6 Cal. App. (2d) 14 [43 Pac. (2d) 852].) Following the decision of this court, respondent petitioned us for a rehearing, which was denied; and a subsequent petition to the Supreme Court for a hearing met the same fate.

Upon the going down of the

remittitur

from this court, judgment was entered for defendant city and against respondent, as ordered; whereupon respondent again made a motion for a new trial, which the trial court granted. On the ground that the trial court erred in granting the motion for a new trial, defendant city prosecutes this appeal. In the aforesaid decision this court held that the respondent herein, having failed to file objections to the proposed municipal improvements within the time fixed by the ordinance of intention in connection with such improvements, was barred by reason of his failure from prosecuting an action to obtain damages for an alleged injury to his property.