Faix, Ltd. v. County of Los Angeles

Introduction

Plaintiff Faix, Ltd. (hereinafter plaintiff or Faix) appeals from the granting of a motion for judgment on the pleadings in three consolidated tax actions made by defendant County of Los Angeles (hereinafter defendant or County). The dispute involves taxes pertaining. to the valuation assessed on certain Upper San Gabriel River Basin water rights.

Background

Plaintiff Faix owns what previously was known as the Pellissier Ranch, comprised of about 1,200 acres located in the San Gabriel basin. On January 2, 1968, an action (No. 924128) was commenced in the Los Angeles Superior Court by the Upper San Gabriel Valley Water District against several defendants, among whom were plaintiff Faix and defendant County. The answer of Faix in that action alleges, among other things, that Faix for more than five years prior to filing of the action “pumped and produced water from the basin in a manner and form which has been, and is, continuously open, notorious, adverse and hostile to plaintiff [Water District] and each other defendant herein” and that Faix as a direct proximate' result “claims riparian, overlying, appropriative and prescriptive rights” in and to said…