People ex rel. Dept. of Public Works v. Mascotti

• Decision Date: 13 September 1962
• Citation: 24 Cal.Rptr. 679,206 Cal.App.2d 772
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE of the State of California acting by and through the DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent, v. Lydia MASCOTTI, also known as Lydia K. Mascotti, Defendant and Appellant. Civ. 25919.

Page 679

24 Cal.Rptr. 679

206 Cal.App.2d 772

The PEOPLE of the State of California acting by and through the DEPARTMENT OF PUBLIC WORKS, Plaintiff and Respondent, v. Lydia MASCOTTI, also known as Lydia K. Mascotti, Defendant and Appellant.

Civ. 25919.

District Court of Appeal, Second District, Division 2, California.

Sept. 13, 1962.

Hearing Denied Oct. 10, 1962.

ASHBURN, Justice.

Appellant's petition for rehearing raises for the first time the claim that 'the Sheldon judgment is erroneous in that it violates the constitutional provisions requiring payment of just compensation,' because 'it purports to limit interest upon the principal award to the date of entry of the SHELDON judgment [R. 60] as distinct from the date of payment to or deposit for the appellant 'without strings' so that she could receive it without waiving her right to appeal upon the grounds heretofore appealed from.'

The point must be deemed waived by failure to present it in the briefs. 'Counsel are not permitted to argue their cases in a piecemeal fashion and points not previously argued will not be considered where raised for the first time on petition for rehearing. (Epperson v. Rosemond, 100 Cal.App.2d 344, 348, 223 P.2d 655, 224 P.2d 480; 4 Cal.Jur.2d, Appeal and Error, § 522, p. 365.)' (Smith v. Crocker First Nat. Bank, 152 Cal.App.2d 832, 837, 314 P.2d 237, 241.) 'No such point was suggested in the argument on which the petitioners submitted the cases for decision. It is the settled rule of this court that points made for the first time on petition for rehearing will not be considered.' (A. F. Estabrook Co. v. Industrial Acc. Com., 177 Cal. 767, 771, 177 P. 848, 849.)

Petition for rehearing denied.

FOX, P. J., and HERNDON, J., concur.