Empire Securities Co. v. Countryman

LANGDON, P. J.

This is an appeal by the defendant from a judgment foreclosing a lien for street work upon certain real property in the city and county of San Francisco belonging to said defendants. The action was brought by an assignee of the contractor who did the street work. One of the issues at the trial was whether the demand for payment made by the agent of the assignee on December 8, 1916, was made before or after the assignment of the claim to plaintiff. Appellants contend that the evidence indicates that the assignment of the claim was made on December 14, 1916, six days after the demand was made and, therefore, the demand was ineffective. There is no necessity to review in detail the evidence upon this question. It is sufficient to state that there was a conflict in said evidence and that the trial court found the assignment was made and filed with the board of public works of the city and county of San Francisco on December 8, 1916. There is abundant evidence in the record to support these findings and, therefore, the arguments upon this point contained in the appellants’ brief are useless upon an appeal.

Appellants object to the judgment because no personal demand for payment was shown to have been made upon them. But the record discloses that the assessment in question was made to “unknown” owners and section 20 of the San Francisco street improvement ordinance of 1913 (Ordinance No. 2439, N. S.) provides that when the owner

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of the lot is stated as “unknown” upon the assessment, said contractor or his assignee, or some person on his or their behalf, shall publicly, in an audible tone of voice, demand payment on the premises assessed. Personal demand was, therefore, unnecessary.

(Whiting

v.

Townsend,

57 Cal. 515;

Alameda Macadamizing Co.

v.

Williams,

70 Cal. 534 [12 Pac. 530].)

Appellants’ contention that the affidavit of Stefani, who made the demand upon the premises, should have disclosed at what hour the demand was made and upon what portion of the premises and other details is without merit. We think these details were unnecessary. The ultimate fact is whether or not a demand was made as required by the ordinance. In