Orange County Mun. Water Dist. v. Anaheim Union Water Co.

In this condemnation action, plaintiff-condemner, Orange County Municipal Water District, appeals from a judgment awarding defendant its costs and trial preparation expenses. Defendant-condemnee, Anaheim Union Water Company, appeals from an order striking the award of trial preparation expenses, and from orders re-taxing costs and taxing a supplemental cost bill.

In July 1964, pretrial was set for October 16, 1964. On August 7, 1964, plaintiff served and filed a request for dismissal.

On November 20, 1964, the trial court granted defendant’s motion for judgment of dismissal and awarded defendant “. . . costs and disbursements which sum includes all necessary expenses incurred in preparation for trial. . . the judgment was entered November 23, 1964. Because time in which to appeal was expiring, on January 15, 1965, plaintiff filed a notice of appeal from the judgment. On February 4, 1965, the trial court granted plaintiff’s motion to strike all costs other than attorney fees. Defendant appeals from this order and from an order of March 12, 1965, awarding attorney fees of $2,500, but denying necessary trial preparation expenses.

On March 17, 1965, defendant filed a cost bill…