Opinion

Griffith Co. v. County of Los Angeles

  • 4 Cal. 2d 222
  • 48 P.2d 35
  • 1935 Cal. LEXIS 527
Court
California Supreme Court
Filed
Aug 16, 1935
Status
Published
Author
Langdon
On the bench
Langdon
Cited by
5 cases
Authority
More cited than 71.3%

The opinion

LANGDON, J.

This is a petition for a writ of mandate to compel respondents to transfer money from the county treas

*223

ury to the bond redemption fund to meet unpaid instalments of principal and interest on improvement bonds. The facts and issues in this proceeding are substantially similar to those presented in

Southern California Roads Co.

v.

County of San Luis Obispo,

L. A. No. 15142

(ante,

p. 220 [ 48 Pac. (2d) 34 ]), and

Sawyer

v.

County of San Luis Obispo,

L. A. No. 15178

(post,

p. 776 [ 48 Pac. (2d) 35 ]), this day decided The only difference is that in the instant ease a special tax was actually levied to meet the delinquency, but subsequently the board of supervisors canceled the appropriation. The respondent county herein argues that unless there are separate sales for delinquencies in assessments and general taxes, its liability does not exist. As we pointed out in

Southern California Roads Co.

v.

County of San Luis Obispo, supra,

the mandatory duty to levy the special tax is not affected by the procedure followed in sales for delinquencies, and it is accordingly improper in this proceeding to attempt to set forth the construction of the statutory provisions governing such sales.

Let a writ of mandate issue as prayed.

Seawell, J., Waste, C. J., Preston, J., and Shenk, J., concurred.

Rehearing denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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