S CA Edison Company v. Antelope Valley Water
Defendant and appellant, Antelope Valley Water Storage, LLC (Antelope Valley), challenges the trial court’s denial of its motion to dismiss the eminent domain complaint filed by plaintiff and respondent, Southern California Edison Company (SCE). According to Antelope Valley, SCE failed to bring the action to trial within five years as required by Code of Civil Procedure section 583.310. Antelope Valley further contends the trial court erred when it interpreted SCE’s easements over Antelope Valley’s property as being exclusive and giving SCE the right to restrict Antelope Valley’s use of the easement property.
The trial court did not err as claimed. Although not complete, a partial trial occurred before the statutory period expired and thus the trial commenced within the meaning of the statute. Further, the trial court correctly interpreted the easements to give SCE the power to limit or exclude Antelope Valley’s proposed use of the easements. Accordingly, the judgment
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