Leaf

Plaintiffs and appellants Ron Leaf and Ellen Leaf, his wife, brought an action in inverse condemnation against defendant and respondent City of San Mateo (hereafter City) to recover subsidence damage to their property caused by a sewer project constructed by the City. A jury trial resulted in a special verdict in favor of plaintiffs fixing damages in the sum of $130,500 plus interest allowed by law. During postjudgment proceedings, the trial court awarded plaintiffs prejudgment interest on the net judgment from January 28, 1977, the date the complaint was filed, computed in the amount of $35,238. The trial court also awarded costs in the sum of $9,674 but disallowed a claim for reasonable attorney fees. City’s motions for judgment n.o.v. and a new trial were denied.

Plaintiffs appeal from the order denying attorney fees, and City cross-appeals from the adverse judgment and order awarding prejudgment interest and denying judgment n.o.v. or a new trial.

Facts

The record lodged on appeal by the parties is limited to partial reporter’s and clerk’s transcripts and does not include the reported trial proceedings. However, the salient facts surrounding the inverse…