Los Angeles Athletic Club v. City of Santa Monica

The Los Angeles Athletic Club instituted this action against the city of Santa Monica for damages for the alleged injury to its real properties caused by the building of a breakwater by the city in the harbor. The action arose out of the construction of the same breakwater discussed in Carpenter v. City of Santa Monica, Civ. 11986, this day decided (ante, p. 772 [ 147 P.2d 964 ]). Most of the legal problems involved are identical with those discussed in that case. As was done in the Carpenter case, the parties stipulated that the issue as to liability should be tried separately from the issue of damages, this last issue to be tried only in the event it was held there was liability. Inasmuch as the trial court determined that the city was not liable for the alleged damage, the issue as to the amount thereof was not tried. There is, however, one factual distinction between the two eases. In the Carpenter case, supra, the appellant complained of erosion caused by the breakwater; in the instant case the appellant complains that its beach properties were rendered less valuable by accretions caused by the breakwater.

The appellants, in 1929 and 1930, acquired two beach club properties…