Scopesi

South San Francisco Unified School District v. Scopesi

Good Law
1963 Cal. App. LEXIS 2744·213 Cal. App. 2d 409·28 Cal. Rptr. 882
Court of Appeal of CaliforniaFebruary 27, 1963Civ No. 20091California702 words

Opinion

Lead Opinion

Salsman, J.

Defendants appeal from an order made by the trial court, striking out an exception in the description of real property contained in the summons, complaint, interlocutory decree, and final order of condemnation.

Defendants were the owners of a parcel of land consisting of 13.215 acres, which plaintiff condemned for use as a site for its high school. The complaint first correctly described the full 13.215 acres, but at the close of this description, words of exception were included in the description which had the effect of withdrawing approximately 3.5 acres from the 13.215 previously described. The description further recited that the property described was “the whole of an entire parcel.” Defendants’ answer admitted ownership of the property described, but made no reference to a claim for severance damage. Throughout the entire progress of the case, all parties assumed that the 13.215 acres had been accurately described, and no one paid any attention to the words of exception at the end of the description. In their testimony defendants described their property as containing 13 plus acres, and outlined their area on a map. They placed their own value on the entire 13.215 acres.…

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