Bituminous Lime Rock Paving & Improvement Co. v. Fulton

Citations

• 4 Cal. Unrep. 151
• 33 P. 1117

Syllabus

<p>Evidence—Judicial Notice of City.—The courts will take judicial notice that the city of Los Angeles is a municipal corporation, by virtue of the several statutes organizing it into such corporation, and extending its limits, and adding to and changing the powers of its officers.1</p> <p>Street Improvement.—An Averment That “the City Council of the city of Los Angeles .... passed a resolution of intention .... that New High street, in said city, .... be paved,” is a sufficient averment that such street is an open public street; Statutes of 1885, page 147, section 1, providing that “all streets .... in the municipalities of this state now opened or dedicated, or which may hereafter be opened or dedicated, shall be deemed and held to be open public streets, .... and the city council of each municipality is hereby .... invested with jurisdiction to order to be done thereon any of the work mentioned in” the act.2</p> <p>Street Improvement—Enforcement of Lien—Pleading.—Code of Civil Procedure, section 456, provides that in pleading the determination of a board or officer the facts conferring jurisdiction need not be stated, but such determination may be stated to have been duly given or made. Held, that, in an action to enforce the lien of a street-paving assessment, an averment “that all the several acts required to be done by said city council,, said superintendent of streets, and this plaintiff have been duly done, made, and performed by it and them, in the manner and at the times and in the form required by law,” is sufficient on general demurrer.</p>