People Ex Rel. Department of Public Works v. Mascotti

Condemnation in fee for construction of Santa Monica Freeway. Defendant Lydia Mascotti is owner of property designated as Parcel 3 in the complaint. She appeals from the interlocutory and final judgments rendered after a third trial of the case as to her parcel.

The action was filed and summons issued on July 30, 1957, and the first trial was had within one year from that date, hence the valuation date used in said trial was the date of filing. Defendant’s answer, filed in propria persona, raised the issue of a taking for private use, did so in such manner that the judge and counsel understood…