People Ex Rel. Pub. Utilities Comm'n v. City of Fresno

Appellant instituted this action to set aside a final judgment of condemnation acquired by respondent City of Fresno 'against the Bowen Land Company, Inc., a public utility company. Respondents filed general demurrers to the complaint, which were sustained by the trial court (Judge Thompson) with leave to amend. Appellant, however, elected to rest on its complaint, and after it failed to amend, respondents’ motion for a dismissal of the complaint was granted by the court (Judge Meyers). Appellant appeals from the judgment of dismissal.

Since appellant elected not to amend its complaint, a…