City of Los Angeles v. Superior Court

Opinion

COBEY, J.

The fundamental issue posed by this mandamus proceeding to compel the sustaining of a general demurrer of petitioner, the City of Los Angeles, to the third cause of action of the second amended complaint of the real party in interest, Northrop Institute of Technology, is whether the recently enacted Government Code section 905.1, eliminating the claim-filing requirement as a precondition to the maintenance of an inverse condemnation action against a public entity, may be applied to a pending inverse condemnation action. We decide that it may for reasons hereafter indicated.

We…