Coffey

City of Los Angeles v. Coffey

Good Law
1966 Cal. App. LEXIS 1653·243 Cal. App. 2d 121·52 Cal. Rptr. 218
Court of Appeal of CaliforniaJune 23, 1966Civ. No. 29234California1,340 words

Opinion

Lead Opinion

Fleming, J.

Coffey appeals from a judgment quieting title to real property in favor of the City of Los Angeles and the County of Los Angeles. Pertinent to the cause is the following chronology:

In this proceeding Coffey claims title to the property by adverse possession commencing in 1949 and continuing for more than 10 years. (Code Civ. Proc., § 315.) The trial court rejected his claim, and so do we, for we find it invalid on at least two grounds.

1. Coffey’s claim of adverse possession was cut off in 1951 by the State of California’s conveyance to the County of Los Angeles. Two and a half years after Coffey took possession of the property the state conveyed title to the County of Los Angeles. Under the provisions of Civil Code, section 1007, title by adverse possession cannot be acquired against a city, a county, or a public corporation: . . no possession by any person ... no matter how long continued of any land . . . owned by any county, city and county, city, irrigation district, public or municipal corporation or any department or agency thereof, shall ever ripen into any title,, interest or right against such county, city and county, city, public or municipal corporation [etc.]. .…

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