Sminia v. Department of Water & Power of Los Angeles

YORK, J.

This matter comes before this court upon an appeal from a judgment which was rendered pursuant to an order sustaining motion for nonsuit made by defendants.

The complaint prays for a writ of mandate to compel the defendants to extend their water main to the premises of the plaintiff and connect the same with said premises, alleging that the plaintiff had tendered the sum of $15 for a meter connection, and praying that no other bonus or subsidy, or any other sum whatever, except the sum of $15 be required for making such connection. Upon trial the

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defendants objected to the introduction of any evidence, and later moved to strike all the evidence on the ground that the complaint did not state facts sufficient to constitute a cause of action. This motion was denied. At the close of plaintiff’s case a motion for nonsuit was made, on the grounds: First, that the evidence failed to show that the plaintiff had complied with all the reasonable rules and regulations of the Department of Water and Power for street main extensions, but that, on the contrary, plaintiff affirmatively showed that she failed to comply with said rules and failed to pay to the said department the sum of $1480 demanded as a condition precedent to making the extension. Second, that it was; not shown that the extension was required by a reasonable demand therefor, or that the income or revenue from the water to be supplied at current rates would compensate the Department of Water and Power for the expenditure required nor justify the department in making the extension; that it was not shown that there is any certainty or assurance that there would be a continuous consumption of water or a continuous payment of rates therefor after the extension was made, or that the extension would not place an additional burden on the rate-payers as a whole. Third, that it was not shown that at the time of the plaintiff’s demand, to wit: December 26, 1928, or at any time during the fiscal year 1928-29, there were any funds or moneys available to the defendant department to make the extensions demanded, nor was there any proof of any budget appropriation made by said department pursuant to section 83 of the charter for such extension purposes. Fourth, that the plaintiff affirmatively showed that she had a water service connection and a water supply from the defendant city’s mains and therefore the writ is unnecessary.