In Linggi v. Garovotti the court, in an action to condemn a right of way for a sewer line over adjoining land used for residential purposes, held that the Code of Civil Procedure, which states the requirements of the complaint in an eminent domain action, specifies only that the plaintiff must allege his right to take the property for public use; that in addition, the Code of Civil Procedure requires the condemner to show that the use to which it is to be applied is one authorized by law and that the taking is necessary to such use; that this section must be construed in conjunction with section 1244; that a statement of necessity is an essential element of the complaint, and that a general allegation of necessity is sufficient. It is our view that the complaint herein contains all of the necessary allegations to state a cause of action in eminent domain.
Appellant next contends that the trial court abused its discretion in denying her motion for a continuance of the trial date. The record shows in this connection that the trial of the action was commenced on July 23, 1956; that on that date the defendant filed a notice of motion to continue the trial for three weeks on the ground that an appraiser for the defendant had become unable to act because of a sudden injury which occurred on July 18, 1956, and that, therefore, the defendant was not ready for trial. It further appears that this appraiser was not employed by the defendant until one week before the trial; that the affidavits in support of the motion did not set forth the exact nature of the testimony sought to be produced by the appraiser; that the defendant had three qualified real property appraisers who testified in her behalf at the trial; that two of these appraisers had extensive appraisal experience in Orange county and made a thorough and extensive investigation of the values of property to which they testified.