VINNICOMBE v. STATE

Docket Nos. 18433, 18509.

172 Cal.App.2d 54 (1959)

341 P.2d 705

LUCIA E. VINNICOMBE et al., Appellants, v. STATE OF CALIFORNIA, Respondent; and Consolidated Appeal.

Court of Appeals of California, First District, Division Two.

July 15, 1959.


Attorney(s) appearing for the Case

Tinning & DeLap and Breed, Robinson & Stewart for Appellants.

Robert E. Reed, Harry S. Fenton, Robert F. Carlson and Kenneth G. Nellis for Respondent.


DOOLING, J.

Appellants brought this action against the State of California to recover for consequential damage to their real property alleged to have resulted from the rerouting of a State highway. The trial court entered a summary judgment in favor of defendant on two grounds: 1. that plaintiffs had failed to furnish the undertaking required by Government Code, section 16047; 2. that the action was prematurely brought since the complaint was filed before the State...

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