LA MESA-SPRING VALLEY SCHOOL DIST. v. OTSUKA

Docket No. L.A. 26634.

57 Cal.2d 309 (1962)

369 P.2d 7

19 Cal. Rptr. 479

LA MESA-SPRING VALLEY SCHOOL DISTRICT OF SAN DIEGO COUNTY, Plaintiff and Respondent, v. NOBUO OTSUKA, Defendant and Appellant.

Supreme Court of California. In Bank.

February 19, 1962.


Attorney(s) appearing for the Case

David W. Hardin for Defendant and Appellant.

Henry A. Dietz, County Counsel, and Donald L. Clark, Deputy County Counsel, for Plaintiff and Respondent.

William H. MacKay as Amicus Curiae on behalf of Plaintiff and Respondent.


PETERS, J.

Defendant appeals from an order of the trial court striking two items from his cost bill submitted in an eminent domain action abandoned by the plaintiff prior to trial.

The facts are as follows. As early as August 1958 plaintiff school district indicated to defendant that it intended to acquire his property by condemnation. Defendant, thereupon, employed an attorney to help him prepare for the expected trial, to represent him in negotiations looking...

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