EILEEN HIMES PLAINTIFF AND APPELLANT v. COUNTY OF LOS ANGELES AND CITY OF SOUTH GATE MUNICIPAL CORPORATION DEFENDANTS AND RESPONDENTS (1944)

District Court of Appeal, Second District, Division 2, California.

EILEEN C. HIMES, PLAINTIFF AND APPELLANT, v. COUNTY OF LOS ANGELES AND CITY OF SOUTH GATE, A MUNICIPAL CORPORATION, DEFENDANTS AND RESPONDENTS.*

Civ. 14428.

Decided: October 18, 1944

Murphey Davis and Alex W. Davis, all of Los Angeles, for appellant. J. H. O'Connor, Co. Counsel, and A. Curtis Smith, Deputy, both of Los Angeles, for respondent Los Angeles County. Clyde Woodworth, of Inglewood, for respondent City of South Gate.

Plaintiff commenced this action to obtain a refund of sums which she had paid for assessments levied upon property which she owned in an assessment district, claiming that the taxes had been erroneously or illegally collected. A general demurrer was sustained without leave to amend and plaintiff has appealed from the judgment thereafter entered.

This appeal and the appeal in Siwel Co. v. County of Los Angeles, Cal.App., 152 P.2d 537, involve the same points. The properties are adjoining and the allegations in the complaints in the two cases are the same except allegations describing the properties involved and giving the names of the property owners and the amounts of the assessments. For the reasons stated in Siwel Co. v. County of Los Angeles, supra, the judgment is affirmed.

W. J. WOOD, Justice.

MOORE, P. J., and McCOMB, J., concur.

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