COUNTY OF LOS ANGELES v. ORTIZ

Docket No. L.A. 29899.

6 Cal.3d 141 (1971)

490 P.2d 1142

98 Cal. Rptr. 454

COUNTY OF LOS ANGELES, Plaintiff and Respondent, v. MANUEL A. ORTIZ et al., Defendants and Appellants. COUNTY OF LOS ANGELES, Plaintiff and Respondent, v. BENJAMIN BAIM et al., Defendants and Appellants. COUNTY OF LOS ANGELES, Plaintiff and Respondent, v. SHULEN MOSKOWITZ et al., Defendants and Appellants. (Consolidated Cases.)

Supreme Court of California. In Bank.

November 30, 1971.


Attorney(s) appearing for the Case

COUNSEL

Phill Silver and Robert M. Silver for Defendants and Appellants.

Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Herman F. Selvin, Daniel S. Carlton, Richard F. Desmond, Desmond, Miller, Desmond & West, Irving Loube, William T. Ivey, Jr., Alfred P. Chasuk, Malovost & Chasuk, John E. Thorne, James E. Cox, Gary Rinehart, Fadem & Kanner, Gideon Kanner, Jackson, Turner, Endeman & Mulcare, Jess S. Jackson, Jr., Ronald L. Endeman, Ronald J. Mulcare, O'Neill & Huxtable, Francis H. O'Neill and Richard L. Huxtable as Amici Curiae on behalf of Defendants and Appellants.

John D. Maharg, County Counsel, A.R. Early, Assistant County Counsel, and Charles Vinson Tackett, Deputy County Counsel, for Plaintiff and Respondent.

Evelle J. Younger, Attorney General, James E. Sabine, Assistant Attorney General, Lloyd Hinkelman and Dan G. Lubbock, Deputy Attorneys General, Roger Arnebergh, City Attorney (Los Angeles), Peyton H. Moore, Jr., Assistant City Attorney, Norman L. Roberts, Deputy City Attorney, Harry S. Fenton, Joseph A. Montoya and Charles E. Spencer, Jr., as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

MOSK, J.

In these consolidated cases the County of Los Angeles instituted proceedings in eminent domain to acquire property owned by defendants. In each trial defendants called an appraiser as an expert witness and introduced into evidence a report prepared by him. (1a) Subsequently, defendants sought to tax as costs against the county the fee charged by the expert witness for his testimony and report. The county...

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