Thompson v. City of La Mesa

MARKS, J.

Petitioner has applied for a writ of mandate to compel respondents to pay available funds in its treasury into a bond redemption fund, with which to pay delinquent interest and principal on street improvement bonds, or, to levy a tax to raise sufficient money with which to pay delinquencies. An alternative writ of mandate was issued commanding respondents to pay $11,302.40 into such bond redemption fund, or, failing to have such funds available in the city treasury, to levy a tax tc pay the delinquent principal and interest on the bonds. Respondents demurred to the petition and filed an answer.

The City of La Mesa is a city of the sixth class organized under the Municipal Corporation Act. The individual respondents are officers of the city.

In May, 1928, the city instituted proceedings under the Improvement Act of 1911 for the improvement of several of its streets. This resulted in the issuance of bonds to pay for the work under the Improvement Bond Act of 1915. Petitioner became the owner of a number of these bonds, on all of which the interest is in default and on some of which the principal. No question has been raised as to either the regularity of the street improvement proceedings or the issuance, sale and delivery of the bonds. It is stipulated that there is no available money in the city treasury to be transferred to the bond redemption fund.

The issues in this proceeding have been definitely settled by the cases of

American Co.

v.

City of Lakeport,

220 Cal. 548 [32 Pac. (2d) 622],

Union Safe Deposit Bank

v.

City of Menlo Park,

3 Cal. (2d) 264 [43 Pac. (2d) 811, 45 Pac. (2d) 347],

Southern California Roads Co.

v.

County of San Luis Obispo,

4 Cal. (2d) 220 [48 Pac. (2d) 34],

Griffith Co.

v.

County of Los Angeles,

4 Cal. (2d) 222 [48 Pac. (2d) 35],