Chitwood

Chitwood v. County of Los Angeles

Good Law
14 Cal. App. 3d 522·1971 Cal. App. LEXIS 1016·92 Cal. Rptr. 441
Court of Appeal of CaliforniaJanuary 20, 1971Civ. 36953California2,206 words

Opinion

Opinion

Roth, J.

This is an appeal from a judgment rendered against plaintiff (appellant) and an order denying appellant’s motion for leave to file an amended complaint.

On May 4, 1967, plaintiff filed a complaint against County of Los Angeles, defendant (respondent) and Does I-X inclusive, alleging substantial-damage wrongfully caused by defendants to her property in December 1966 as the result of the construction of a huge pipe on property for the maintenance of which defendants were responsible, which pipe changed the “natural flow of rainfall.” Respondent filed its answer on May 12, 1967. The answer denied generally and specially all allegations of the complaint except that a claim was filed with the clerk of the board of supervisors and rejected.

Interrogatories propounded by appellant on July 26,1967, were answered on August 17, 1967, under the caption “Answer to Interrogatories— By Defendant—Los Angeles County Flood Control District.” (District). Thereafter, respondent served appellant with interrogatories (December 26, 1967); appellant answered (January 31, 1968); a certificate of readiness was filed (August 19, 1969); and trial was continued on the County’s motion to March 19,…

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