HEARING ON DEMURRER TO 1st Amended COMPLAINT
FILED BY CITY OF ANTIOCH
* TENTATIVE RULING: *
Defendant City of Antioch’s demurrer to the first amended complaint (FAC) is sustained with leave to amend. Plaintiff may file and serve any amended complaint on or before August 7, 2020. If it elects not to do so, the case will be dismissed as against the City.
Background
On or about June 14, 1947, a certain tract of land in Antioch was subdivided into lots and streets and represented on a map filed with the County Recorder. (Exhibit A to Complaint.) The 1947 Map depicted a street named Cesa Lane that starts on the south at Railroad Avenue and runs northerly, then turns easterly to Walter Way.
There is no dispute that the City properly abandoned Cesa Lane by Resolution. On or about August 13, 1962, in Resolution No. 1993-A, the City vacated and abandoned all of Cesa Lane. The Resolution found that Cesa Lane had “never been used as public street or for any other public purpose, and that sa
Hearing Date
July 10, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
HEARING ON DEMURRER TO 1st Amended COMPLAINT
FILED BY CITY OF ANTIOCH
* TENTATIVE RULING: *
Defendant City of Antioch’s demurrer to the first amended complaint (FAC) is sustained with leave to amend. Plaintiff may file and serve any amended complaint on or before August 7, 2020. If it elects not to do so, the case will be dismissed as against the City.
Background
On or about June 14, 1947, a certain tract of land in Antioch was subdivided into lots and streets and represented on a map filed with the County Recorder. (Exhibit A to Complaint.) The 1947 Map depicted a street named Cesa Lane that starts on the south at Railroad Avenue and runs northerly, then turns easterly to Walter Way.
There is no dispute that the City properly abandoned Cesa Lane by Resolution. On or about August 13, 1962, in Resolution No. 1993-A, the City vacated and abandoned all of Cesa Lane. The Resolution found that Cesa Lane had “never been used as public street or for any other public purpose, and that sa