Tensor Group v. City of Glendale

Plaintiffs/appellants Tensor Group, 116 W. Maple Avenue, and 1815 Orchard Avenue (collectively as Tensor) appeal from the judgment of dismissal entered upon the sustaining of the demurrer, without leave to amend, of defendant/respondent City of Glendale (the City). Tensor’s complaint against the City had sought damages for injuries allegedly caused by the City’s alleged inverse condemnation of its properties. The City’s demurrer was sustained on the grounds that Tensor’s suit was barred by the doctrine of res judicata, and, alternatively, Tensor’s complaint had failed to state a cause of action because Tensor had not been denied substantial use of its properties.

For the reasons set forth below, we affirm the judgment.

Factual and Procedural Summary

The Prior Action.

In November 1988, Tensor filed the prior action, which combined a petition for writ of mandate and injunctive relief and a complaint for declaratory relief and damages. Therein, Tensor challenged the validity of ordinance No. 4820, enacted and made immediately effective as an emergency measure on September 27, 1988. Ordinance No. 4820 prohibited issuance of building or construction permits in…