Garibaldi

Two hundred and eleven plaintiffs representing two hundred and forty-four parcels of property commenced this action tu have assessments under street improvement proceedings declared void and to restrain the issuance of bonds to cover such assessments. Defendants’ demurrer to the complaint was sustained, and a temporary restraining order was dissolved. Following the judgment for the defendants one hundred and ninety-three plaintiffs paid their assessments, after bonds had been issued under the Improvement Bond Act of 1915 (Stats. 1915, p. 1441; Deering’s Gen. Laws, Act No. 8209), and the appeals of those plaintiffs were dismissed on the ground that the issue was then moot. (Gari baldi v. City of Daly City, 61 Cal.App.2d 514 [ 143 P.2d 397 ].) The total assessment for the entire improvement was $131,496.46. The remaining eighteen plaintiffs, who are the appellants herein, represent thirty parcels of land assessed for $13,824.15. Their complaint is framed in seven separate causes of action, each asserting some irregularity in the street improvement proceedings.

The first cause of action is grounded on the alleged failure of the municipal authorities to comply with the provisions of…