City of Los Angeles v. Beck

Opinion

KINGSLEY, J. A defendant in the instant case, Mr. Beck, was a plaintiff in an inverse condemnation action entitled “Greater Westchester Homeowners Ass’n., et al. v. City of Los Angeles,” LASC No. 931989 (hereinafter referred to as the GWHA case, filed on May 9, 1968). That action was brought to have the court declare that property of plaintiffs in GWHA was taken by the City of Los Angeles by reason of the noise of jet overflights. On November 2, 1971, plaintiff and appellant herein, the City of Los Angeles, filed a complaint in eminent domain to seek the condemnation of a number of real properties, including the property of defendant Beck. After the instant action was filed the Legislature enacted Code of Civil Procedure section 1246.3, providing for recovery of litigation costs by a plaintiff in successful inverse condemnation actions. The property owners in the instant case moved to amend their answer to seek an award under [765]Code of Civil Procedure section 1246.3. The trial court denied the motion but held that the defendant property owners were reserved the right to file a cost bill pursuant to section 1246.3 and section 1246.4 of the Code of Civil Procedure.

After the decision in the case of Klopping v. City of Whittier (1972) 8 Cal.3d 39 [104 Cal.Rptr. 1, 500 P.2d 1345] became final, the property owners moved to consolidate the Beck case (the instant condemnation action) with the GWHA case (the earlier inverse condemnation action). The owners’ motion was denied.

In the final pretrial order the trial court stated that the instant case involves “issues of inverse condemnation and interpretation of Klopping v. The City of Whittier.”

On December 26, 1972, the instant condemnation case proceeded to trial. The jury’s verdict established defendant Beck’s property to be valued at $56,278. Defendant Beck filed a memorandum of costs, claiming an additional $1,028.94 for appraiser’s fee, and $3,392.66 for attorney’s fees. On February 5, 1973, plaintiff city filed a notice of motion to tax costs as to appraiser’s and attorney’s fees, and the motion was denied.

At the time of judgment in the instant condemnation action the inverse condemnation action had not yet proceeded to trial.

Thé city appeals.

The only issue before this court is whether defendant property owners in an eminent domain condemnation proceeding are entitled to compensation for their attorney’s fees and appraiser’s fees by virtue of Code of Civil Procedure section 1246.3 (which provides for awarding of attorney’s fees and appraiser’s fees to a successful plaintiff in inverse condemnation proceedings) where the eminent domain condemnation action proceeds to final judgment before the termination of the inverse condemnation action.