People ex rel. Dep't of Pub. Works v. Redwood Hotels Corp.

On this appeal, the only questions presented concern the amount of interest on a judgment in condemnation to which appellants are entitled pursuant to Code of Civil Procedure section 1255b, subdivision (c).

As this is the second appeal on this matter, a brief chronology of the pertinent facts is necessary. On April 15, 1965, a judgment in condemnation was entered awarding to appellants the sum of $85,000 for certain property in Santa Rosa. On June 4, 1965, respondent deposited the principal amount of the judgment and costs but did not deposit the amount of interest because of its appeal from the portion of the judgment for interest. Appellants did not withdraw the $85,000 until October 8,1965.

On the prior appeal, People ex rel. Dept of Public Works v. McCoy, 248 Cal.App.2d 27 [ 56 Cal.Rptr. 352 ], respondent argued for an offset against all interest due on the judgment for the rents collected by appellants, who remained in possession from February 15, 1963 (the date of the order of possession) until May 1, 1964, when respondent took actual possession. This court (Division Three) held that respondent was entitled to an offset against the interest due between February 15, 1963,…