City of Los Angeles v. Clay

Three cases were consolidated upon appeal by the City of Los Angeles from orders denying motions to tax costs in eminent domain proceedings, following the dismissal thereof after trial.

The principal question presented necessitates an interpretation of section 1255a of the Code of Civil Procedure relating to witness’ fees. It is therein provided: “Upon such abandonment, express or implied, on motion of the defendant, a judgment shall be entered dismissing the proceeding and awarding the defendant his costs and disbursements, which shall include all necessary expenses in currcd in preparing for…