Warden v. Bittleson Law & Collection Agency

FINLAYSON, P. J.

Plaintiff sued to quiet title to a parcel of land in the city of Los Angeles, claimed by her by reason of an assessment sale under the Street Improvement Act of 1909. (Stats.- 1909, p. 1042.) Defendants recovered judgment; plaintiff appeals. The appeal presents for our .consideration the sufficiency of certain notices of redemption.

Defendants Robert H. Punter and Rebecca Punter -were owners of the land as tenants in common. On March 19, 1914, they mortgaged the property to defendant Krug. Pursuant to a decree foreclosing the mortgage, Krug purchased the property at sheriff’s sale on July 20, 1915, and on July 27, 1915, recorded the sheriff’s certificate of sale. On August 5, 1914, which was subsequent to the mortgage to Krug but ■prior to the. foreclosure sale thereunder, the city tax and license collector, pursuant to the provisions of the Street Improvement Act, sold the property to plaintiff for a delinquent assessment levied to pay for certain street improvements. Thereupon the tax and license collector delivered to plaintiff a certificate of sale, as provided by the act. On July 7, 1915, which was shortly prior to the expiration of the time allowed 'by law to the co-owners for redemption from the foreclosure sale to Krug, plaintiff caused to he served upon defendant

[3]

Rebecca Punter, one of the two e0-owners, a notice that “on the seventh day of August, 1915,

or thereafter,

unless sooner redeemed, application will be made ... to the city tax and license collector . . . for a deed.” This notice was not served on the other co-owner, Robert H. Punter, but thereafter, on July 29, 1915, plaintiff did cause a notice of redemption to be served upon Robert. The notice so served on Robert Punter set forth that “on the thirty-first day of August, 1915,

or thereafter,

unless sooner redeemed, application will be made ... to the city tax and license collector . . . for a deed.” Though served upon Robert, this notice was not served upon Rebecca Punter. No notice to redeem from the street assessment sale to plaintiff was served on Krug, the mortgagee and purchaser at the foreclosure sale. On September 1, 1915, the city tax and license collector executed a deed to plaintiff. Claiming to be the owner under this deed, plaintiff brought this action to quiet her title. We think the notices of redemption that plaintiff caused to be served upon Robert and Rebecca were insufficient, and that plaintiff has only that which she acquired under the assessment sale to her on August 5, 1915, i. e., “the lien of the assessment,” as provided by section 15 of the act. (Stats. 1909, p. 1051.)