City of Los Angeles v. Dawson

HOUSER, J. It appears that the plaintiff brought an action against each of several defendants for the condemnation of their several interests in certain real property, and that in said action Julien Josephson and Vera Josephson intervened for the asserted reason that preceding the date of the commencement thereof the defendants Henry AVest Brown and Eunice Eilene Brown had purchased from the interveners the particular property then owned by the said defendants and affected' by said proceedings, and as a part of the agreement between the defendants and the interveners had executed and delivered to them an instrument in writing, of which the following is a copy:

“This is to advise you that we herewith waive any and all claims, right, title and interest in and to the proceeds accruing from condemnation proceedings against thr Second Street property more particularly Known as Lot 2 of the Allison Barlow Tract at 6/150 of Maps that we may have had or might have in the future against the above described property which we are acquiring in the above numbered escrow at the Citizens Trust & Savings Bank, 736 S. Hill Street, Los Angeles, California.”

In substance, it was alleged by the interveners that the effect of such instrument was that the said defendants did waive in favor of the interveners “all claims, right, title ami interest in and to the proceeds accruing from condemnation proceedings” which the defendants “may have had or might have in the future against the above described [482]property ...” The defendants Brown answered the complaint in intervention; and following a trial of the issues raised by the pleadings, the trial court rendered judgment in favor of the interveners. It is from such judgment that the defendants Brown have appealed to this court.

Appellants first contend that because no finding was made by the trial court either on the issue as to whether the purported assignment by appellants to the interveners actually constituted an assignment, or upon the issue of whether the interveners’ assumed right in the premises was barred by the statute of limitations, — the judgment should be reversed. In that connection, an inspection of the record discloses the fact that, following the finding of the value of the property taken, the trial court found that:

“Total compensation proper to be paid to the defendants, Julien Josephson and Vera Josephson, as per assignment to said defendants from Henry West Brown and Eunice Eilene Brown, owners of said parcel of land, $4,000.00.