Firth

Tibbits Pacific Co. v. Firth

Good Law
1921 Cal. App. LEXIS 440·53 Cal. App. 771·200 P. 976
Court of Appeal of CaliforniaAugust 8, 1921Civ. No. 3454.California1,090 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff sued to foreclose a lien for street improvements under proceedings in accordance with the Vrooman Act (Stats. 1885, p. 147). The assessment which was the basis of the action was made by the board of public works of the city of Los Angeles on September 4, 1915. The trial court, acting under the provisions of section 12¼ of the act (added in 1913, Stats. 1913, p. 409), held that the assessment was unenforceable because an extension of the time for completion of the improvements was made two days after the time given by a previous extension had elapsed. The court found that the work was actually done in good faith under a valid contract; that the proceedings were within the power of the city, and that the only informality in the proceedings was that regarding the extension of time for completion. It thereupon ordered that a reassessment be made in accordance with section 12¼. This was done and notice was duly given. No objections were made to the reassessment and it was accordingly approved, confirmed,' and recorded on July 23, 1917. The defendant refused to pay the reassessment and this suit was then commenced to collect the sum found due thereon. From the judgment in…

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