Richman

Lester G. and Frances S. Riehman, husband and wife (Richmans), appellants herein, were two of a group of defendants in a condemnation action (People of the State of California, etc. v. Joseph J. Mihojevich, et al. No. 769,414). On September 14, 1962, they were awarded $35,000 for a parcel of real property owned by them. On October 15, 1962, an interlocutory judgment predicated upon findings of fact and conclusions of law, was entered.

On the same day an employee of the Department of Public Works (the condemning agency here involved) did by mistake, with a letter of transmittal, forward to the clerk of the court $35,000 plus $1,785.48 interest accrued thereon. The record shows that the condemnation section of plaintiff had received a letter from its legal department on October 3, 1962, notifying it not to satisfy the judgment as proceedings were to be had for a motion for a new trial. The right of way manual of the condemnation section provided in paragraph 5.164 thereof, in pertinent part is as follows:

The foregoing excerpt was set forth in the affidavit of the employee who made the mistake in the transmittal of funds and she continued to aver in pertinent part as…