City of Los Angeles v. Southern Pacific Transportation Co.

The city appeals from a judgment dismissing its complaint as against defendant and respondent company, after that defendant’s demurrer had been sustained without leave to amend. We affirm the judgment.

*381 On or about March 9, 1961, the city and defendant entered into an agreement whereby the city was granted the right to construct improvements on certain real property of defendant located at the Port of Los Angeles. The agreement provided that, if the parties could not agree on the price to be paid for the property, the city would institute a condemnation action. No such agreement having been reached, the city filed its condemnation action, resulting in a judgment of condemnation.

During the period of occupancy, and until the entiy of the judgment of condemnation, defendant paid real property taxes levied by the County of Los Angeles on the subject property, in the amount of $302,396.75.

In the judgment in the condemnation action, the court included the following provisions:

“It Is Further Ordered, Adjudged, and Decreed that possession having been taken by plaintiff on March 9, 1961, all taxes, penalties, and costs that are a lien on said parcels and that are…