Upon rehearing, granted to enable us to consider more fully the question of jurisdiction involved in this ease, we have listened to oral arguments and have examined carefully the authorities cited in additional briefs that have been filed. But our conclusions are unchanged, and, accordingly, we adopt our original opinion, as written by Mr. Justice Pro Tempore Desmond, as part of this opinion, adding certain comments at the conclusion thereof. The original opinion is as follows:

A few additional observations upon the questions involved may be pertinent.

Respondents have argued strongly that all procedural matters in this case should be governed primarily, not by any of the sections numbered 307 to 1062a, inclusive, which appear in part II of the Code of Civil Procedure and which apply to “Civil Actions”, but by the rules of title VII (“Eminent Domain”) of part III of the code, comprising sections 1237 to 1264, inclusive, under which this condemnation suit, “a special proceeding of a civil nature”, was brought. It is contended that section 1255a governs the present situation, providing, as it does, for dismissal of a condemnation action. But it will be noted that such a dismissal is based, by the terms of that section, upon the abandonment of the condemnation suit. We do not think it has any application here (nor is the case of Silver Lake etc. Irr. Co. v. Los Angeles, 32 Cal. App. 123 [ 162 Pac. 432 ], in point), for in the case at bar the plaintiff, far from abandoning the proceedings, has secured a final judgment upon which it has rested since 1925, and now has asked, by its motion, merely for a dismissal of the action as to the defendants, who are respondents here. In Peck v. Agnew, 126 Cal. 607 [ 59 Pac. 125 ], the court held that under section 581 of the Code of Civil Procedure, subdivision 7 (practically identical with the present section 581a), providing for dismissal of an action, dismissal may be entered as to some defendants and need not be entered as to others; in other words, it need not be a dismissal of the entire action.

Section 1256 of the Code of Civil Procedure, one of the sections governing the exercise of eminent domain, reads as follows: “Rules of Practice. Except as otherwise provided in this title, the provisions of part two of this code are applicable to and constitute the rules of practice in the proceedings mentioned in this title.” This language adequately supports the claim of respondents that primarily the provisions of title VII, part III, Code of Civil Procedure, govern the conduct of condemnation suits; it is also a clear direction that when no provision is found there to meet a given situation reliance must be had upon such section or sections of the code relating to civil actions as may be applicable. Under the title “Eminent Domain” in part III, Code of Civil Procedure, we find no section providing for a dismissal in a condemnation suit except upon abandonment, but this does not mean that abandonment is in every case a prerequisite to dismissal. Where, for other reasons and upon other grounds, a dismissal is sought, sections of the code outside the title “Eminent Domain” may be invoked. City of Bell v. American States W. S. Co., 10 Cal. App. (2d) 604 [ 52 Pac. (2d) 503 ], furnishes a recent instance. There section 583 of the Code of Civil Procedure was employed by defendant to secure a dismissal upon the ground that plaintiff had failed to bring the action to trial for more than two years after answer filed, a situation not provided for under “Eminent Domain”. Similarly, in our opinion, the plaintiff in the instant ease,— no section of the “Eminent Domain” title being applicable to the present situation,—is entitled to terminate this action as to these respondents under section 581a of the Code of Civil Procedure.

Therefore, our earlier order to the superior court, embodied in our original opinion, is hereby confirmed: the action is to be dismissed as to these respondents.

A petition by respondents to have the cause heard in the Supreme Court, after judgment in the District Court of Appeal, was denied by the Supreme Court on December 28, 1936.