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JOHNSON RANCHO ETC. DIST. v. COUNTY OF YUBA

Docket No. 10696.

223 Cal.App.2d 681 (1963)

35 Cal. Rptr. 828

JOHNSON RANCHO COUNTY WATER DISTRICT, Plaintiff and Appellant, v. COUNTY OF YUBA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 20, 1963.

Attorney(s) appearing for the Case

Millington & Millington, Weis, Weis & Harpham and Seth Millington for Plaintiff and Appellant.

Alvin Landis, Joseph L. Heenan and Eugene L. Gray for Defendants and Respondents.

PIERCE, P.J.

Demurrer to plaintiff's amended complaint was sustained without leave to amend. Judgment of dismissal followed. We hold this was error but unprejudicial for reasons which will be developed below.

The amended complaint pleaded ownership by plaintiff-appellant water district of four appropriative water rights. (Water Resources Applications Numbers 15204, 15205, 15563 and 15674.) It alleged these rights had been acquired by a written transfer dated...

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