Lopez

The property with which we are here concerned is the same as that involved in Arechiga v. Housing Authority of the City of Los Angeles, Civil No. 22714, ante, p. 657 [ 324 P.2d 973 ], also decided this day.

After the Housing Authority acquired the title to this property through the judgment in the condemnation suit, it conveyed said property to the city of Los Angeles. The deed to the city was recorded on September 27, 1955. The Arechigas ignored the demands of the city that they vacate the premises. In May, 1957, the trial court granted the city’s noticed motion for an order directing the issuance of a writ of possession. This motion was supported by an affidavit showing title in the city. The Areehigas did not file any affidavit in opposition. They have appealed from the order.

The Areehigas contend that the city was not entitled to a writ of possession since the city had been neither substituted as a party in the condemnation action nor assigned the judgment therein.

It is clear that the trial court has the power to issue a writ of possession to place the plaintiff in a condemnation suit in possession of the property condemned. (Marblehead Land Co. v. Los Angeles County, 276…