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ALTA BATES HOSP. v. MERTLE

Docket No. 30728.

31 Cal.App.3d 349 (1973)

107 Cal. Rptr. 277

ALTA BATES HOSPITAL, Plaintiff and Respondent, v. FLORENCE I. MERTLE, Defendant and Appellant.

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

March 27, 1973.

Attorney(s) appearing for the Case

COUNSEL

Rogers, Vizzard & Tallett and John D. Rogers for Defendant and Appellant.

Angell, Adams & Holmes and Samuel L. Holmes for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

The appeal before us is taken from an order in a condemnation action brought by plaintiff Alta Bates Hospital denying defendant Florence Mertle certain "litigation costs," i.e., her attorney's and appraiser's fees, under Code of Civil Procedure section 1255a.

Section 1255a, subdivision (a), states: "The plaintiff [in a condemnation action] may abandon the...

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