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KING v. STATE OF CALIFORNIA

Docket No. 12221.

11 Cal.App.3d 307 (1970)

89 Cal. Rptr. 715

WALTER L. KING, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Third District.

September 18, 1970.

Attorney(s) appearing for the Case

COUNSEL

Watt & Leverenz and Reginald M. Watt for Plaintiff and Appellant.

Thomas C. Lynch, Attorney General, Hubert O. Bower and Lloyd Hinkelman, Deputy Attorneys General, for Defendants and Respondents.

OPINION

FRIEDMAN, J.

The trial court entered a judgment dismissing the action pursuant to Code of Civil Procedure section 583, that is, for the plaintiff's failure to bring the action to trial within five years of its filing. Plaintiff appeals.

The action was filed October 10, 1963. On theories of negligence and inverse condemnation, it sought damages for the flooding of plaintiff's land allegedly caused by the negligent construction...

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