Stone v. City of Los Angeles

On April 11, 1972, plaintiffs Stone filed their complaint and, after defendant City of Los Angeles (hereinafter “city”) successfully demurred to it, plaintiffs filed an “amended and supplemental complaint,” followed by another city demurrer which incorporated by reference (Code Civ. Proc., § 430.70) an attached copy of a complaint (L.A. superior court case No. C-37558) it had filed seeking condemnation of plaintiffs’ and other properties. Plaintiffs filed a second amended and supplemental complaint in two counts. City’s demurrer to count II of this complaint was sustained without leave to amend and city filed an answer to the first cause of action. Thereafter, on June 21, 1973, city filed a cross-complaint against plaintiffs and others, seeking condemnation of plaintiffs’ property. Plaintiffs and others answered the cross-complaint.

A supplemental first pretrial was held (no copy of any final pretrial order is in the transcript furnished to us), the supplemental pretrial order reciting that: an original first pretrial had been held on April 4, 1973, and that, before that, city had filed on August 28, 1972, a direct action (No. C-37558) to condemn the plaintiffs’ property…