Blondeau

This is an appeal from a judgment entered following an order sustaining, without leave to amend, a general and special demurrer of the Louis K. Liggett Company to a second amended cross-complaint. This is an appeal in the same action as that of the City of Los Angeles v. Blondeau et al., bearing our Civil No. 986 (ante, p. 136 [ 15 Pac. (2d) 553 ], the opinion in which has this day been filed and in which the facts necessary to that appeal are set forth. They will not be repeated here.

The amended cross-complaint, in addition to the facts set forth in the opinion in the companion case, alleges that the Louis K. Liggett Company occupied the premises leased from Blondeau from the institution of the condemnation action on August 6, 1926, to the expiration of the term of its tenancy on January 31, 1930, and that its tenancy was not disturbed; that it suffered no actual damage or injury from the condemnation proceedings and that it had no right in equity to receive and retain the $6,000 awarded to it in the condemnation proceedings and paid under the decree in that case. It is also alleged that the Louis K. Liggett Company paid Blondeau the $500 monthly rental specified in the lease…