Decker

Mahria L. Decker appeals an order of the superior court denying her motion to recall and quash a writ of execution obtained by the City of Los Angeles (hereinafter referred to as the City) to obtain possession of condemned real property.

The Case

On October 30, 1973, a judgment in condemnation was entered in proceedings initiated by the City ordering condemnation of a number of parcels of real property in fee simple to the City for airport expansion purposes. The court found that appropriate compensation had been paid to those entitled.

Among the properties so condemned was parcel No. 599, formerly owned by appellant Decker. The court’s condemnation order was recorded by the County Clerk of Los Angeles on or about November 30, 1973, and title was thereupon conveyed to the City.

Mahria Decker continued in possession of the premises following conveyance of title to the City. On March 1, 1974, the City served on her by mail a written 90-day notice that her right to possession of the premises would terminate May 31, 1974. Together with this notice the City enclosed a rental agreement covering that 90-day period; neither the notice nor the agreement was ever returned to…