City of Santa Maria v. V. Alco-Pacific Enters., Inc.

This appeal arises out of an action in eminent domain filed by the City of Santa Maria against the defendants for the purpose of acquiring an easement for the installation of a water transmission line. The original action to acquire this easement was filed by the city on May 8, 1961, in the Superior Court of Santa Barbara County, and the city went into actual possession of the easement on this date. No service was made on defendants in that action, and on March 4, 1965, that action was dismissed; on that same day, a new action, identical to that dismissed, was filed, also in the Superior Court of Santa Barbara County. *479 Summons were issued upon the filing of the new action. On April 6, 1965, defendants filed their answer to the latter complaint, and on April 9, the city filed a demurrer to the answer. On April 14, the defendants moved for a change of venue, and the hearing on the motion for the change of venue was set for April 23, 1965. On April 20, plaintiff filed a reply to that motion, and requested the motion be granted and the venue be ordered changed to San Luis Obispo County Superior Court. The court heard argument on the motion on that day and took the matter under…