City of Los Angeles v. Abbott

California Court of Appeal Feb 3, 1933 No. Docket No. 7544.Published

Before: CRAIG, J.

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Holding. The court affirmed the judgment of dismissal in an eminent domain action but reversed the portion of the judgment that awarded attorney's fees.

Issues

Whether the judgment of dismissal in an eminent domain action was correct.
Whether the award of attorney's fees in the judgment was proper.

Disposition. Affirmed in part and reversed in part.

Quotations verified verbatim against the opinion

“Said judgment awarding attorney's fees is reversed.”

“the judgment of dismissal must be affirmed.”

An action in eminent domain having been discontinued following proceedings in injunction to restrain condemnation of properties in the City of Los Angeles, a judgment of dismissal was entered, from which the plaintiff appealed.

[1] Said judgment awarding attorney's fees is reversed. Upon the authority of City of Los Angeles v. Abbott, 217 Cal. 184 [17 P.2d 993], the judgment of dismissal must be affirmed.

Works, P.J., and Stephens, J., concurred.

A petition for a rehearing of this cause was denied by the District Court of Appeal on March 3, 1933. *Page 792

City of Los Angeles v. Abbott

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