Gordon

Petitioners appeal from a judgment of dismissal which was based upon an order sustaining defendants’ demurrer to the amended petition without leave to amend,

Petitioners sought a writ of mandate to compel the city council to refund a special assessment, “or remove” the lien therefor, placed against their lot for the improvement of a major highway. The amended petition was based upon the provisions of amendments made in 1935 to the Improvement Act of 1911 (Stats. 1911, p. 730; Deering’s Gen. Laws, 1937, Act 8199) and to the Opening and Widening Act of 1903 (Stats. 1903, p. 376; Deering’s Gen. Laws, 1937, Act 8198). The provisions thereof pertinent to this case are now embodied in section 5551 of the Streets and Highways Code.

The amended petition for a writ of mandamus alleged in substance: that petitioners owned a certain lot in the city of Los Angeles, on which the principal and interest on the assessment bonds amounted to $9,755.50; that the defendant city of Los Angeles was a municipal corporation, and the individual defendants were members of the city council, the mayor, city clerk and the city treasurer; that on November 23, 1936, the Bureau of Assessments of the city of…