City of Oakland v. Williams

On May 29, 19'22, the City of Oakland commenced an action under the Street Opening Act of 1903 (Stats. 1903, p. 376) to condemn certain property for the purpose of extending a public street. Isabella Thompson was joined as a party defendant because of her interest as a lessee of a part of the premises sought to be condemned. At the trial it developed that she had entered into the lease in expectation of the condemnation proceedings and had, contemporaneously with the execution of the lease, signed a waiver of any claim she might have against her lessor in the event the city should effect a cancellation of the lease by reason of the condemnation of the property. Upon this showing the trial court held that she had no interest in the property entitling her to any compensation from the city. An interlocutory judgment was then entered fixing the compensation to be paid the other defendants and awarding to the city the property in suit in accordance with the provisions of section 12 of the act of 1903, as amended. (Stats. 1909, p. 1040, sec. 7.)

This judgment was entered on January 20, 1923. Six months later a final judgment was entered in accordance with the provisions of section 31…