Luce

Luce v. Clear Lake Water Co.

Good Law
1968 Cal. App. LEXIS 1491·266 Cal. App. 2d 123·71 Cal. Rptr. 665
Court of Appeal of CaliforniaSeptember 26, 1968Civ. No. 11959California656 words

Opinion

Lead Opinion

As a result of an inverse condemnation suit, plaintiff landowners secured an “interlocutory” judgment on July 14, 1967, declaring defendant water company entitled to a decree of condemnation, declaring plaintiffs’ entitlement to judgment for $8,501.60 plus interest from September 30, 1960, and ordering a final decree of condemnation upon defendant’s deposit of the money in court. The water company appealed, but put up no money or security. Plaintiffs applied to the trial court for an order requiring deposit in court, and on June 6, 1968, the trial court filed such an order. The water company appealed from that order too. The landowners then moved to dismiss the company’s appeal from the inverse condemnation judgment.

*124 The water company does not dispute the assertion that it occupies the landowners’ property and has not complied with the deposit order. The motion is addressed to the inherent power of an appellate court to dismiss the appeal of one who deliberately refuses compliance with a valid order of the trial court. (Estate of Scott, 150 Cal.App.2d 590, 594 [ 310 P.2d 46 ].)

The water company is not on sound ground in assailing the trial court’s jurisdiction to make the…

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