City of Downey v. Johnson

In this eminent domain proceeding, defendant appeals from a for $9,935 entered against him and in favor of plaintiff following the granting of plaintiff’s motion for reimbursement pursuant to former Code of Civil Procedure section 1254, subdivision (g). We affirm the judgment.

In 1964, plaintiff commenced an action in eminent domain to acquire land for the construction of a municipal hospital. Among the land sought to be acquired were parcels 40, 41 and 42 owned by Ella Dotsey. Dotsey, through defendant, the conservator of Dotsey’s estate, in propria persona, purportedly answered the second amended complaint. On December 31, 1965, an interlocutory judgment in condemnation was entered awarding compensation of $59,900 for parcels 40, 41 and 42, and ordering that the parcels be condemned upon payment of such sum by plaintiff for the benefit of defendant. On January 6, 1966, defendant filed a notice of appeal from the judgment. Plaintiff paid the amount of the judgment into court and, on January 19, 1966, obtained an order of the court authorizing possession of parcels 40, 41 and 42. (Former Code Civ. Proc., § 1254, subd. (a).) In April 1968 and August 1970, defendant filed…