Crescent Wharf & Warehouse Co. v. City of Los Angeles

This appeal is taken from a judgment of dismissal entered upon demurrer sustained without leave to amend. The demurrer was based upon general grounds and upon the more specific ground that the alleged claim sued upon was not presented to the defendant City of Los Angeles “within six months after the occurrence from which the alleged damages arose or within six months after the claim accrued,’’ as provided by the charter of said city.

The property involved has its situs at and upon San Pedro Bay, city and county of Los Angeles, and is a part of the tidal lands held in trust, by the City of Los Angeles for the use and benefit of the people of the state. Said property alleged to have been taken and actually physically destroyed by plaintiff without compensation therefor having first been made and to recover which compensation this action was commenced, as hereafter described, was granted to said City of Los Angeles by act of the legislature May 1, 1911. (Stats. 1911, p. 1256; see, also, People v. California Fish Co., 166 Cal. 576 [ 138 Pac. 79 ].) The complaint segregates or classifies said property as follows:

It will not be necessary to determine whether appellant, at the time…