Beck

A defendant in the instant case, Mr. Beck, was a plaintiff in an inverse condemnation action entitled “Greater Westchester Homeowners Ass’n., et al. v. City of Los Angeles,” LASC No. 931989 (hereinafter referred to as the GWHA case, filed on May 9, 1968). That action was brought to have the court declare that property of plaintiffs in GWHA was taken by the City of Los Angeles by reason of the noise of jet overflights. On November 2, 1971, plaintiff and appellant herein, the City of Los Angeles, filed a complaint in eminent domain to seek the condemnation of a number of real properties, including the property of defendant Beck. After the instant action was filed the Legislature enacted Code of Civil Procedure section 1246.3, providing for recovery of litigation costs by a plaintiff in successful inverse condemnation actions. The property owners in the instant case moved to amend their answer to seek an award under *765 Code of Civil Procedure section 1246.3. The trial court denied the motion but held that the defendant property owners were reserved the right to file a cost bill pursuant to section 1246.3 and section 1246.4 of the Code of Civil Procedure.

After the…