Loma Vista Inv. v. Roman Cath. Archbishop

5 Citing cases

  1. Main v. Legnitto

    230 Cal.App.2d 667 (Cal. Ct. App. 1964)   Cited 10 times
    In Main v. Legnitto (1964) 230 Cal.App.2d 667, a recorded subdivision map depicted a road that ran though a subdivision to a crescent shaped cul-de-sac, and the issue on appeal was whether the cul-de-sac was part of the road.

    and is conveyed by a deed describing the property conveyed as a specifically numbered lot or block as designated on a map, which map also shows such property to be bounded by a street or highway, the grant will be considered as extending to the center of the street or highway, unless it clearly appears that it was intended to make a side line instead of the center line the boundary. ( Anderson v. Citizens Savings Trust Co. (1921) 185 Cal. 386, 393 [ 197 P. 113]; Brown v. Bachelder (1932) 214 Cal. 753, 756 [ 7 P.2d 1027]; Gramer v. City of Sacramento (1935) 2 Cal.2d 432, 438 [ 41 P.2d 543]; Allan v. City County of San Francisco (1936) 7 Cal.2d 642, 646 [ 61 P.2d 1175]; Neff v. Ernst (1957) 48 Cal.2d 628, 635 [ 311 P.2d 849]; Los Angeles City High School Dist. v. Swensen (1964) 226 Cal.App.2d 574, 577-578 [ 38 Cal.Rptr. 214]; see also Speer v. Blasker (1961) 195 Cal.App.2d 155, 159 [ 15 Cal.Rptr. 528]; City of Redlands v. Nickerson (1961) 188 Cal.App.2d 118, 124 [ 10 Cal.Rptr. 431] ; Loma Vista Investment, Inc. v. Roman Catholic Archbishop (1958) 158 Cal.App.2d 58, 62 [ 322 P.2d 35]; Pinsky v. Sloat (1955) 130 Cal.App.2d 579, 582 [ 279 P.2d 584]; McIntire v. Wasson (1954) 125 Cal.App.2d 371, 377 [ 270 P.2d 32]; City of Los Angeles v. Fiske (1953) 117 Cal.App.2d 167, 170-171 [ 255 P.2d 445]; Severo v. Pacheco (1946) 75 Cal.App.2d 30, 35 [ 170 P.2d 40].) "The highway is a monument, and in legal contemplation the thread of the highway is the monument, unless a contrary intention clearly appears."

  2. Corey v. City of San Diego

    163 Cal.App.2d 65 (Cal. Ct. App. 1958)   Cited 2 times

    The areas so designated and specifically named as streets were for the use and benefit of the general public. (See Machado v. Title Guarantee T. Co., 15 Cal.2d 180 [ 99 P.2d 245]; Loma Vista Inv., Inc. v. Roman Catholic Archbishop, 158 Cal.App.2d 58 [ 322 P.2d 35].) The creation of the streets was by court decree and not by map only.

  3. Adamson v. Cnty. of L.A. Dep't of Animal Care & Control

    No. B278803 (Cal. Ct. App. Mar. 6, 2019)

    But . . . we do not believe that it is reasonable to so interpret the term in this case."]; Loma Vista Inv. v. Roman Cath. Archbishop (1958) 158 Cal.App.2d 58, 63 ["The word 'street' in its usual and ordinary meaning denotes a public highway; it does not include a private way."].)

  4. Corey v. City of San Diego

    327 P.2d 977 (Cal. Ct. App. 1958)

    Anderson v. Citizens' Sav. & Trust Co., 185 Cal. 386, 197 P. 113.' Reference may be made to Loma Vista Inv., Inc., v. Roman Catholic Archbishop, 158 Cal.App.2d 58, 322 P.2d 35, which cites and quotes from the Machado case. In determining intention the court in the Machado case, supra, 15 Cal.2d at page 186, 99 P.2d at page 248, said: 'The findings and judgment of the court below and our conclusion herein give effect to the undoubted intention of the original owner, Augustin Machado, and of the court in the petition proceeding to the end that the entire tract should be partitioned among the former's heirs at law in the manner designated by him and thereafter effectively pass by mesne conveyances to their successors in interest.

  5. Opinion No. 01-1005

    Opinion No. 01-1005 (2002) (Ops.Cal.Atty.Gen. Apr. 18, 2002)

    We are informed that access to the roads of the LAFB is by permission only and is denied to anyone without proper credentials, identification, and legitimate business purpose. Initially, we note that the word "street" normally means a public highway rather than a private road. (Loma Vista Inv., Inc. v. Roman Catholic Archbishop of Los Angeles (1958) 158 Cal.App.2d 58, 63.) The Vehicle Code does not generally provide for the regulation of private roads. (See 75 Ops.Cal.Atty.Gen. 239 (1992).)