266 Cal. App. 2d 477 | Cal. Ct. App. | 1968
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.
The motion for the continuance having been denied, the counsel for the defendants left and the matter went to trial. The request for jury trial was withdrawn, and counsel for the city presented its case with no appearances or testimony for the defendants’ side. The court made an award of $525, the exact amount of the appraisal by the city’s expert. The declaration of the appraiser for the defendants states Ms appraisal was in excess of $10,000. Motions for a new trial and for relief pursuant to section 473 of the Code of Civil Procedure were made and denied. The defendants appeal from the judgment.
The Denial of the Motion for a Continuance
Defendants contend that it was reversible error for the trial court to have denied their motion for a continuance in the instant matter. We do not answer this contention since we
The Valuation Date
The defendants also urge as error the order of the trial court designating the date of the issuance of summons as the date of valuation. The determination of the valuation date is governed by section 1249 of the Code of Civil Procedure, which in its relevant portions states: "For the purpose of assessing compensation and damages the right thereto shall be deemed to have accrued at the date of the issuance of summons and its actual value at that date shall be the measure of compensation . . .; provided, that in any case in which the issue is not tried within one year after the date of the commencement of the action, unless the delay is caused by the defendant, the compensation and damages shall be deemed to have accrued at the date of the trial.” The proper valuation date is a constant; it is not reassessed at a subsequent trial if one becomes necessary. (People v. Murata, 55 Cal.2d 1 [9 Cal.Rptr. 601, 357 P.2d 833].) Section 1249 must be applied without consideration of the fact that the plaintiff in the instant action actually took the easement and went into possession well in advance of the filing of the second action in this case. (City of San Rafael v. Wood, 144 Cal.App.2d 604 [301 P.2d 421]; City of Los Angeles v. Tower, 90 Cal.App.2d 869 [204 P.2d 395],)
County of San Mateo v. Bartole, 184 Cal.App.2d 422, 436-437 [7 Cal.Rptr. 569] makes clear that in reviewing a determination of valuation date on appeal, the appellate court need only look to see if the finding of the trial court is supported by substantial evidence. The ruling of the trial court is treated as a question of fact on appeal. Our role, then, is to ascertain if the setting of the valuation date as the date of the issuance of the summons at the time of filing the second action is supported by substantial evidence. Our conclusion is that it is not. A search of this record reveals no action by the defendants to unduly delay bringing this matter to trial. The long delay (over 4 months) by the court in Santa Barbara in ruling on the motion for a change of venue cannot be blamed on the defendants. The period of the pendency of
The judgment is reversed.
Kaus, P. J., and Aiso, J. pro tem.,
The constant date in the instant ease is October 18, 1966, the date set for trial.
Assigned by the Chairman of the Judicial Council.