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PEOPLE EX REL. DEPT. PUB. WKS. v. WILLIAMS

Docket No. 29498.

30 Cal.App.3d 980 (1973)

106 Cal. Rptr. 795

THE PEOPLE EX REL. DEPARTMENT OF PUBLIC WORKS, Plaintiff and Appellant, v. GEORGE W. WILLIAMS, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

February 13, 1973.

Attorney(s) appearing for the Case

COUNSEL

Harry S. Fenton, John P. Horgan, A. Matthew Raggio, James M. Whitaker and William R. Edgar for Plaintiff and Appellant.

Jackson, Turner, Endeman & Mulcare and Ronald J. Mulcare for Defendant and Appellant.

OPINION

DRAPER, P.J.

Both parties appeal. Each limits his appeal to issues concerning interest upon the award.

(1) We find no merit whatever in the state's contention that failure to file a claim with the state bars recovery of any prejudgment interest. Interest is but an incident of the award made to an owner in a condemnation action. The state, and not the owner, initiated this proceeding in

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