Wright v. Bd. of Pub . Works of L.A.

SLOSS, J.

The plaintiffs appeal from two orders denying successive motions for a temporary injunction.

The plaintiffs are owners of various tracts of land upon which the authorities of the city of Los Angeles undertook, in attempted compliance with the provisions of the Street Opening Act of 1903 (Stats. 1903, p. 376), to levy assessments to pay the damages and costs to be incurred in the widening of Sunset Boulevard in said city. The complaint describes the several -parcels of land affected, alleges that they are owned by the respective plaintiffs, and states the amount

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“pretended to be assessed” against each. It then alleges that on February 17, 1911, the plaintiffs herein, together with Constance D. Simpson, brought an action in the superior court of Los Angeles County against the defendants. The purpose of the action, which may be designated as the Simpson suit, was to obtain a decree that the proceedings and assessments under the _ ordinance for the opening and widening of Sunset Boulevard, so far as they affected the properties of the plaintiffs, be declared void and be canceled, and that the defendants be enjoined from asserting any liens or claims against said properties by reason of said proceedings, and from executing deeds of plaintiffs’ respective lots. On July 12, 1911, a, judgment was entered granting to plaintiffs in said Simpson suit the relief for which they had prayed. Notice of the entry of such judgment was duly served upon the defendants. Notwithstanding their knowledge of the decree, the defendant members of the board of works thereafter, in August and September, 1911, published a notice that they would, on Friday, September 15, 1911, sell the properties of plaintiffs for the delinquent assessments claimed under the aforesaid proceedings. It is alleged that such sales will be followed by certificates and deeds, which will cloud the plaintiffs’ respective titles to their lots, and that such sales and the issuance of such certificates and deeds will be in violation of the injunction in the Simpson case. The prayer is for an injunction restraining the board of works from selling the said properties of plaintiff, that the judgment and decree heretofore rendered be “enforced and rendered effectual,” that the titles of respective plaintiffs be quieted, and the defendants enjoined from asserting any claims under the proceedings .mentioned in the complaint.