Rosenthal v. City of Los Angeles

193 Cal. App. 2d 29, 13 Cal. Rptr. 824, 1961 Cal. App. LEXIS 1663
CourtCalifornia Court of Appeal
DecidedJune 12, 1961
DocketCiv. 25066
StatusPublished
Cited by4 cases

This text of 193 Cal. App. 2d 29 (Rosenthal v. City of Los Angeles) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rosenthal v. City of Los Angeles, 193 Cal. App. 2d 29, 13 Cal. Rptr. 824, 1961 Cal. App. LEXIS 1663 (Cal. Ct. App. 1961).

Opinions

FOX, P. J.

This appeal is from a judgment following the sustaining of a demurrer without leave to amend. The complaint purports to state a cause of action for “inverse condemnation, ’ ’ alleging an unreasonable interference with plaintiffs ’ access to their property without compensation. The allegations of the complaint, together with attached exhibits, may be summarized as follows:

Since 1953 plaintiffs have owned a parcel of industrially-zoned real property, in the shape of a right triangle, abutting on the southern side of Roscoe Boulevard, an east-west street. The hypotenuse of the triangle is on the southern portion of the property, proceeding from Roscoe Boulevard on the west in an east-southeasterly direction until it intersects with the eastern border, of the property. This southerly boundary, or hypotenuse, is adjacent to and bounded by a railroad right of way which intersects Roscoe Boulevard just to the west of plaintiffs’ property, preventing access along Roscoe Boulevard from the west. Before the public improvement in question, Roscoe Boulevard provided access to plaintiffs’ property from the east. Access could also be had by De Celis Place and Hayvenhurst. These are north-south streets having their southern termini at Roscoe Boulevard. De Celis meets Roscoe at the western tip of plaintiffs’' property. Hayvenhurst meets Roscoe just east of that property. Access to plaintiffs’ property was [31]*31from Roscoe Boulevard, reached from the east by that street and from the north by De Cells and Hayvenhurst.

In 1959 defendant city improved Roscoe Boulevard so that as it approaches plaintiffs’ property from the east it turns southwest at a point just east of Hayvenhurst. It then crosses the railroad right of way, turns west again and connects with its western counterpart somewhere to the west of plaintiffs’ property. Roscoe is now a through street which bypasses plaintiffs’ property to the south of that property. The improvement is so constructed that traffic from the east is required to turn and follow the new Roscoe. Plaintiffs’ property still abuts on the same street, which is still designated Roscoe Boulevard, but which now is only a little over a block long, intersecting only De Cells on the west and Hayvenhurst on the east. Thus there are now two Roscoe Boulevards. Plaintiffs’ property may now be reached only by approaching the old Roscoe from the north on either De Celis or Hayvenhurst. It is alleged that by blocking access from the east along Roscoe, the city “unreasonably interfered with plaintiffs’ access to said property and [took or impaired] the right of direct access to said property,” and that “defendants have appropriated plaintiffs’ access for public use and have deprived plaintiffs of access to said real property. ’ ’ Plaintiffs allege that they have not been paid therefor and have suffered damage in the amount of $25,000.

The right of access to one’s property has been called a property right in itself, in the nature of an easement, meritorious of protection from undue encroachment. (People v. Ricciardi, 23 Cal.2d 390, 397 [144 P.2d 799].) In People v. Russell, 48 Cal.2d 189, 195 [309 P.2d 10], it was said that “ [t]he right of access [of a property owner] has been defined as extending to a use of the road for purposes of ingress and egress to his property by such modes of conveyance and travel as are appropriate to the highway and in such manner as is customary or reasonable. (Rose v. State, 19 Cal.2d 713, 728 [123 P.2d 505].) It is more extensive than a mere opportunity to go into the street immediately in front of one’s property. (Bacich v. Board of Control, 23 Cal.2d 343 [144 P.2d 818].) However it does not extend beyond access to the next intersection at either end of the street upon which the property abuts. (Beckham, v. City of Stockton, 64 Cal.App.2d 487 [149 P.2d 296].) Any inconveniences which may be suffered after such intersection is reached do not impair the easement but are inconveniences suffered by him as a member of the public. [32]*32Highway changes causing diversion of traffic or circuity of travel beyond an intersecting street are not compensable.” (Emphasis added.)

This “next intersecting street” rule voiced in the italicized language above, is expressed in many California eases. (People v. Ricciardi, supra, at pp. 401-402; Bacich v. Board of Control, supra, at p. 352; Beckham v. City of Stockton, supra, at p. 496.) Since the obstruction in the instant case falls beyond the street which next intersects Roseoe Boulevard (Hayvenhurst), these cases would appear to command the conclusion that plaintiffs cannot recover since they have not suffered a compensable injury. Plaintiffs have gone to the trouble of analyzing each of these cases to demonstrate that the “rule” is merely so much dicta. Regardless whether it may be dicta, its frequent reiteration by the highest court of this state, with approval as recent as December of last year (People v. Symons, 54 Cal.2d 855, 859 [9 Cal.Rptr. 363, 357 P.2d 451]) persuades us that it should be accepted as the law by this court. The eases are plenary which say that the damage suffered by the complaining party must be peculiar to him, as distinguished from the damage suffered by the general public. The “next intersecting street” rule appears to be nothing more than a declaration that the next intersecting street is the dividing line between injuries peculiar to oneself and those which one suffers in common with the general public. (See Bacich v. Board of Control, supra; Rose v. State, supra.)

People v. Symons, supra, provides us with a broader reason for affirming the trial court’s judgment denying recovery. That ease involved a proceeding in eminent domain. A freeway had been constructed adjoining defendants’ property. The street on which their house abutted was then terminated at the freeway boundary. A portion of defendants’ property was taken to make a cul-de-sac turn-around area. The trial court awarded damages only for the value of the property severed and taken and for physical damage to defendants’ lawn and sprinkler system. It appears from the opinion that evidence was excluded as to damages for loss of access from the east, where the freeway was located, and for other items. On appeal it was held that the evidence was properly excluded since the items for which damages were sought, including loss of access, were not compensable. The opinion recognizes, at p. 859, that “ [t]here are, however, holdings to the effect that a eondemnee is entitled to severance damages of the nature here sought by reason of the construction of an improvement [33]*33on condemned lands.” (Emphasis added.) But it goes on to state at p. 860: “Without passing on the merits of their claim in this regard, it appears that the admission of such evidence was properly denied as there has not been in this ease, for the reasons hereinafter appearing, a severance entitling the defendants to the damages sought.

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People Ex Rel. Department of Public Works v. Wasserman
240 Cal. App. 2d 716 (California Court of Appeal, 1966)
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394 P.2d 719 (California Supreme Court, 1964)
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207 Cal. App. 2d 729 (California Court of Appeal, 1962)
Rosenthal v. City of Los Angeles
193 Cal. App. 2d 29 (California Court of Appeal, 1961)

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Bluebook (online)
193 Cal. App. 2d 29, 13 Cal. Rptr. 824, 1961 Cal. App. LEXIS 1663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosenthal-v-city-of-los-angeles-calctapp-1961.