Isaac v. City of Los Angeles

MODIFICATION

GOVERNMENT

REAL PROPERTY


Ordinance authorizing liens for delinquent utility bills is unconstitutional and ignores statutory lien priorities.



WILLIAM G. ISAAC, et al., Plaintiffs and Respondents, v. CITY OF LOS ANGELES, et al., Defendant and Appellant. No. B109234 (Super. Ct. No. BC 090601) California Court of Appeal Second Appellate District Division Seven Filed September 21, 1998
THE COURT:*

        IT IS ORDERED that the opinion filed herein on August 21, 1998, be modified in the following particulars:
        On page 11**, at the end of the first full paragraph, insert the following:

We therefore find City's reliance on Roberts v. City of Los Angeles (1936) 7 Cal.2d 477, 490 misplaced. City contends Roberts holds electric utility service constitutes a permanent improvement to the property and supports the imposition of a special assessment. (Id.) However, a careful reading of Roberts discloses it holds the costs and expenses of supplying electric utility service would support a special assessment; Roberts does not authorize a special assessment lien for the cost of the commodity itself. (Id. at p. 490-491.) Indeed, as discussed infra, the City's expansive reading of Roberts would not only give a municipality a means of circumventing the established procedures for obtaining judgments on contract actions, it would disrupt the statewide scheme of lien priority.

        The petition for rehearing is denied as untimely. This modification does not effect a change in the judgment.


*        WOODS, J.                        NEAL, J.


**        See Daily Appellate Report of August 25, 1998, page 9078, column 2, at the end of the last full paragraph and before section B.