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PEOPLE EX REL. DEPT. OF PUBLIC WORKS v. GUTIERREZ

Docket No. 25267.

207 Cal.App.2d 759 (1962)

24 Cal. Rptr. 781

THE PEOPLE ex rel. THE DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. MARY A. GUTIERREZ, Individually and as Executrix, etc., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

September 20, 1962.

Attorney(s) appearing for the Case

Holloway Jones, Jack M. Howard, David T. Hayden, Edward L. Doyle and Robert E. Reed for Plaintiff and Appellant.

Harold W. Kennedy, County Counsel (Los Angeles), and A.R. Early, Deputy County Counsel, as Amici Curiae on behalf of Plaintiff and Appellant.

Twitchell & Twitchell and Floyd C. Dodson for Defendant and Respondent.

BURKE, P.J.

In an eminent domain proceeding may a condemnee prosecute a motion for a new trial after having applied for and received payment of the full amount due her under the judgment, filed her receipt and abandonment of defenses, excepting her claim for greater compensation, where the condemner has neither demanded nor taken any procedure to gain possession of the property?

This is the basic issue...

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