Silver

Silver v. City of Los Angeles

Good Law
1967 Cal. App. LEXIS 1814·257 Cal. App. 2d 557·65 Cal. Rptr. 227
Court of Appeal of CaliforniaDecember 28, 1967Civ. No. 30523California2,501 words

Opinion

Lead Opinion

Ford, J.

—As a taxpayer residing in the City of Los Angeles the plaintiff sought to enjoin the defendant city and the named officers from making any payment to captains of the city’s fire department under the provisions of an ordi 1 The superior court denied the relief sought and the plaintiff has appealed.

The pertinent facts are not in dispute.

On May 13, 1965, the city council adopted an ordinance amending Ordinance No. 89,935 which was known as the “Salary Standardization Ordinance for Firemen and Police *559 men of the City of Los Angeles.” The portion of the amendment here relevant is that which placed the position of captain of the fire department in salary schedule number 50. On May 22, 1965, the mayor returned the ordinance to the council without his approval.

On May 26, 1965, the city council adopted Ordinance No. 130,143, which was approved by the mayor on that date and, pursuant to section 4 thereof, was to become operative on July 1, 1965. That ordinance amended Ordinance No. 89,935, the ordinance known as the “Salary Standardization Ordinance for Firemen and Policemen of the City of Los Angeles. ’ ’ The portion of the amendment here relevant is that which placed the…

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